Brandon v. State
| Docket Number: | 2009-KA-01761-COA | |
| Oral Argument: | 10-05-2011 | |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-05-2013 Opinion Author: Maxwell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Murder - State-funded expert - M.R.A.P. 22(b) - Ineffective assistance of counsel - Sufficiency of evidence Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton and Fair, JJ. Non Participating Judge(s): James, J. Dissenting Author : Ishee, J. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 08-07-2009 Appealed from: Lee County Circuit Court Judge: Jim S. Pounds Disposition: CONVICTED OF DEPRAVED-HEART MURDER AND SENTENCED TO LIFE IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY A $2,000 FINE District Attorney: John Richard Young Case Number: CR07-706 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Christopher A. Brandon |
ROBERT W. DAVIS JR.
VALENA ELIZABETH BEETY |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND |
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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: | Murder - State-funded expert - M.R.A.P. 22(b) - Ineffective assistance of counsel - Sufficiency of evidence |
| Summary of the Facts: | Christopher Brandon was convicted of depraved-heart murder and sentenced to life imprisonment. He appeals. |
| Summary of Opinion Analysis: | Issue 1: State-funded expert Brandon argues that the court erred by denying his pretrial motion for a state-funded expert and for failing to sua sponte appoint Brandon a state-funded expert during trial. Brandon had not been declared indigent which is a prerequisite to a state-funded expert. Also, it appears that his counsel may be at fault for failing to push for indigent status and need for an expert. As provided by M.R.A.P. 22(b), this issue is not “based on facts fully apparent from the record.” Thus, this matter is more appropriately considered in a post-conviction relief proceeding. However, Brandon has raised a claim of ineffective assistance that is apparent from the record. He argues that his attorney was deficient for stipulating to Dr. Hayne’s qualifications as an expert in forensic pathology. The Mississippi Supreme Court has consistently found that Dr. Hayne is qualified in this area. Thus, his attorney was not deficient for stipulating to Dr. Hayne’s qualifications. Issue 2: Sufficiency of evidence Brandon challenges the sufficiency of the evidence. However, the evidence showed that Brandon was alone with the child from three in the afternoon until Brandon called 911 in the middle of the night. Brandon admitted that the child was fine when Brandon arrived to babysit him. Two treating physicians and the State pathologist testified that the child’s injuries were consistent with the child being violently shaken. Thus, the evidence was sufficient to support the verdict. |
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