Brownlee v. State
| Docket Number: | 2006-KA-01399-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-08-2008 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Sufficiency of evidence - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-14-2006 Appealed from: Coahoma County Circuit Court Judge: Al Smith Disposition: CONVICTION OF TWO COUNTS OF ARMED ROBBERY AND SENTENCED TO TWO CONCURRENT FIFTEEN YEAR SENTENCES WITH EIGHT YEARS SUSPENDED AND SEVEN YEARS TO SERVE. District Attorney: Laurence Y. Mellen Case Number: 2006-0007 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JAMES BROWNLEE |
RICHARD B. LEWIS |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Armed robbery - Sufficiency of evidence - Ineffective assistance of counsel |
| Summary of the Facts: | James Brownlee was convicted of two counts of armed robbery. The court sentenced Brownlee to two concurrent sentences of fifteen years with eight years suspended and seven years to serve. Brownlee appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence The testimony and evidence before the jury shows that two witnesses identified Brownlee out of court from a photo array and also made in-court identifications of Brownlee as the culprit who robbed the victim at gunpoint of $4,400. Brownlee argues that the photo lineup was “impermissibly suggestive” because he was the only individual who had dread locks. An in-court identification by an eyewitness will not be thwarted by an impermissibly suggestive pre-trial identification unless under the totality of circumstances the identification was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification. Here, the photo lineup was a grouping of six pictures of men. They were of the same complexion, appeared to be of the same age group, and the size of the image of each man was roughly equivalent. While Brownlee is the only individual in the lineup with dread locks, other individuals could reasonably be said to have the same or similar hairstyle, especially given the less than stellar detail of the photos in the array. Additionally, the victim was able to view his robber’s face for a full four minutes. Brownlee’s claim that the pre-trial identification was somehow tainted is without merit. Issue 2: Ineffective assistance of counsel Brownlee argues that his counsel was ineffective by failing to investigate, determine, and call alibi witnesses who could place Brownlee at Champ’s Health and Fitness Club in Arkansas at the time of the robbery. An ineffective assistance of counsel claim raised on direct appeal should not be ruled upon by the reviewing court unless the court can say the record affirmatively shows ineffectiveness of constitutional dimensions. The record is not sufficient, without more, to establish ineffective assistance of counsel, and Brownlee’s claim is dismissed without prejudice so as to preserve his right to renew such a claim on post-conviction collateral relief if he so chooses. |
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