Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hill v. State

Court of Appeals of Mississippi

April 4, 2017

JEFFREY LANCE HILL A/K/A JEFFREY L. HILL A/K/A JEFF HILL A/K/A JEFFREY HILL A/K/A JEFFREY SCOTT HILL APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          Date of Judgment: 05/05/2015

         COURT FROM WHICH APPEALED: OKTIBBEHA COUNTY CIRCUIT COURT HON. LEE SORRELS COLEMAN TRIAL JUDGE.

          ATTORNEY FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER BY: ERIN E. PRIDGEN.

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART.

          BEFORE LEE, C.J., FAIR AND WILSON, JJ.

          WILSON, J.

         ¶1. A jury in the Oktibbeha County Circuit Court found Jeffrey Hill guilty of possession of a firearm on educational property in violation of Mississippi Code Annotated section 97-37-17 (Rev. 2014). Hill was a student at Mississippi State University and a resident of the Aiken Village student apartment complex at the time of the offense. He was convicted of possessing a firearm in his apartment at Aiken Village. The court sentenced Hill to three years in the custody of the Mississippi Department of Corrections (MDOC). Hill was then released immediately based on credit for time served.

         ¶2. Hill's conviction follows his third trial on the charge. Hill's first trial ended in a mistrial because of a hung jury. In Hill's second trial, the jury found him guilty, but the Mississippi Supreme Court reversed the conviction after concluding that the trial court's rulings requiring appointed counsel to remain as advisory counsel despite a conflict of interest violated Hill's right to counsel. Hill v. State, 134 So.3d 721, 729-30 (¶35) (Miss. 2014). On remand, Hill was tried and convicted again.

         ¶3. Hill's appointed counsel in the present appeal filed a "Lindsey brief, " certifying that she has examined the record thoroughly and identified no arguable issues to raise on appeal. See Lindsey v. State, 939 So.2d 743 (Miss. 2005). Hill subsequently filed a pro se brief alleging numerous errors. Having made our own independent and thorough review of the record, we find that Hill's arguments are without merit and that there are no other issues that warrant reversal. Accordingly, we affirm Hill's conviction and sentence.

         FACTS AND PROCEDURAL HISTORY

         ¶4. Relevant facts and procedural history related to Hill's first two trials were recounted in the majority opinion and concurring opinion in Hill's prior appeal to the Mississippi Supreme Court:

In September 2010, the Mississippi State University Police Department received a report that Hill possibly was in possession of a firearm at Aiken Village Apartments on the campus of Mississippi State University. The department sent Detective Steve Westbrook and two other officers to investigate the report. When the officers arrived at Hill's apartment, Hill's roommate allowed them to enter. Once the officers were inside, Hill entered the room and spoke with the officers. Out of concern for officer safety, Westbrook asked Hill if there were any weapons in his bedroom, and Hill responded that he had a rifle in his closet. Westbrook and Hill retrieved the weapon together. Hill was then arrested for having a firearm on campus property. Hill told the officers that he had no other firearms, but that he . . . had ammunition in his vehicle.

Hill, 134 So.3d at 722 (¶4).

Hill's first court-appointed attorney [(Mark Williamson)] was allowed to withdraw after Hill had filed a bar complaint and accused [Williamson] of attempting to "sabotage" his case. [Stephanie] Mallette was appointed in [Williamson's] stead, and Hill continued to file various pro se motions and letters, as he had from the beginning of the case. The first trial was set for January 31, 2012, and on January 9, 2012, [Hill] filed several documents with the circuit court, including a letter indicating that he was "firing" his attorney. In the letter, Hill made numerous accusations against Mallette, alleging, among other things, that she had filed motions on his behalf without his consent, that she had refused to interview his witnesses, and that she had allegedly accused him of murdering two men. . . . Hill wrote, "I will not be seeking another public defender. I choose to seek my own counsel."
On January 25, 2012, Mallette requested that she be allowed to withdraw and that Hill be permitted to obtain his own counsel. Her motion cited a personal conflict of interest based on the letter's accusations and Hill's having filed a complaint against her with the Mississippi Bar. The trial court granted Mallette's motion in an "Order Allowing Withdrawal." The order noted that there had been a hearing on the matter and announced that Mallette "is withdrawn from her representation of Hill." Yet, the very next sentence read, "Stephanie Mallette is hereby ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.