Ragland v. State
| Docket Number: | 2009-KA-01558-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2010 Opinion Author: Judge Ishee Holding: Affirmed. |
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| Additional Case Information: |
Topic: Burglary of dwelling & Petit larceny - Ineffective assistance of counsel - Sufficiency of evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes and Carlton, JJ. Concur in Part, Concur in Result 1: Maxwell, J., concurs in part and in the result without separate written opinion. Concurs in Result Only: Roberts, J., concurs in result only without separate written opinion. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Darrian Ragland |
PHILLIP BROADHEAD, ALLAN D. SHACKELFORD, LESLIE S. LEE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: 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: | Burglary of dwelling & Petit larceny - Ineffective assistance of counsel - Sufficiency of evidence |
| Summary of the Facts: | Darrian Ragland was convicted of burglary of a dwelling and petit larceny. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Ragland argues that he received ineffective assistance of counsel. The appellate court will reach the merits of an ineffective-assistance claim on direct appeal only in instances where the record affirmatively shows ineffectiveness of constitutional dimensions, or the parties stipulate that the record is adequate to allow the appellate court to make the finding without consideration of the findings of fact of the trial judge. Where the record is insufficient to support a claim of ineffective assistance of counsel, the appropriate conclusion is to deny relief, preserving the defendant's right to argue the same issue through a petition for post-conviction relief. Here, there is no stipulation made by the parties as to the record, and the record does not affirmatively show ineffective assistance of counsel to a degree of constitutional dimensions. Issue 2: Sufficiency of evidence Ragland argues that no rational trier of fact could have found that the State proved every element of the crime with which he was charged. The resolution of the conflict between the State's evidence and Ragland's alibi defense was a question of fact for the jury to resolve. The State's evidence was ample to support the jury’s verdict, and the jury is not required to accept his alibi defense. |
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