Peyton v. State
| Docket Number: | 2002-KA-00924-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-30-2003 Opinion Author: Stephen Simpson Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Ineffective assistance of counsel - Sufficiency of evidence - Exclusion of statement Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Irving, Myers, Chandler and Griffis, JJ. Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-24-2002 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: CONVICTED OF ARMED ROBBERY - SENTENCED TO SERVE A TERM OF THIRTYFIVE YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS. District Attorney: Cono A. Caranna, II Case Number: B2402-2001-395 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Joseph Darnell Peyton |
KELLIE WILLIAMSON KOENIG
JAMES (JAY) R. FOSTER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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: | Armed robbery - Ineffective assistance of counsel - Sufficiency of evidence - Exclusion of statement |
| Summary of the Facts: | Joseph Peyton was convicted of armed robbery and sentenced as an habitual offender to thirty-five years. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Peyton argues his trial counsel was ineffective, because of an alleged admission of deficient performance by trial counsel as well as the attorney's failure to subpoena any witnesses. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. With regard to Peyton’s claim that his attorney admitted deficient performance, the attorney noted that if the testimony at issue was excluded, she would have been deficient. However, the event which would have precipitated an admission of ineffective assistance never occurred. With regard to the failure to subpoena witnesses, failing to issue a subpoena to the witness in question cannot have prejudiced Peyton. The small discrepancies on collateral matters to which the witness would have testified would not have in any way cast doubt upon the placement of Peyton at or near the scene of the robbery at the time it occurred. Issue 2: Sufficiency of evidence Peyton argues that the evidence was insufficient, because no witness actually identified him as the perpetrator. Although the store clerk did not identify Peyton, she described him and the female clothing he was wearing and identified the clothing found by police as the same the robber was wearing. Another witness likewise described the clothing and the geographic location where Peyton had thrown them from her car, the areas where police later found the clothing described. Finally, another witness admitted driving Peyton, in the women's clothing, to the vicinity of the liquor store, and a bottle of vodka of the same size and brand stolen from the store was found in the back seat of his car. These facts are sufficient to create a circumstantial case of Peyton's guilt. Issue 3: Exclusion of statement Peyton argues that the court erred in excluding the statement made by a witness to police. Trial counsel admitted that use of the statement was intended for the specific purpose of contradicting the testimony of another witness. The first witness never claimed to have witnessed the robbery, he never identified–or excluded–Peyton as the robber, he merely saw a man get out of a red car then come back later, get in the car and drive away. None of the information the statement may have provided contradicted the testimony of the second witness in any significant manner such that the court abused its discretion. |
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