Estelle v. State
| Decision Date | 07 March 1990 |
| Docket Number | No. 07-KA-59281,07-KA-59281 |
| Citation | 558 So.2d 843 |
| Parties | Ronald ESTELLE v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Gail D. Nicholson, Chester D. Nicholson, Nicholson & Nicholson, Gulfport, for appellant.
Mike C. Moore, Atty. Gen., Deirdre McCrory, Sp. Asst. Atty. Gen., Jackson, for appellee.
Before ROY NOBLE LEE, C.J., and PRATHER and ANDERSON, JJ.
Ronald Estelle was convicted in the Circuit Court of Harrison County, Mississippi, on a charge of burglary and was sentenced to life without parole in the custody of the Mississippi Department of Corrections as an habitual offender. He has appealed to this court and assigns three errors in the trial below:
I.
THE APPELLANT WAS DENIED HIS SIXTH AND FOURTEENTH AMENDMENT RIGHTS TO EFFECTIVE ASSISTANCE OF COUNSEL AT TRIAL.
II.
THE APPELLANT WAS DEPRIVED A FAIR TRIAL AS MANDATED BY THE SIXTH AND FOURTEENTH AMENDMENTS AND THEIR MISSISSIPPI STATE CONSTITUTIONAL COUNTERPARTS.
III.
THE APPELLANT WAS SENTENCED AS A HABITUAL OFFENDER WITHOUT CONSTITUTIONALLY SUFFICIENT DOCUMENTATION OF PRIOR CONVICTIONS.
On July 15 or 16, William Baker, who was employed by McCaffrey's Body Shop as painter's helper, was at the Salvation Army when he overheard Ronald Estelle (Estelle) talking to someone about getting some batteries and radiators from a garage. Baker asked him where he was going to get them and Estelle replied from a garage which Baker knew to be owned by Pat McCaffrey. Baker agreed to let Estelle use his car to "line up" a pickup truck. Baker then told Mr. McCaffrey about Estelle's plan. The next morning Estelle told Baker he had gotten the material and asked Baker if he could again use his car. McCaffrey called the police and Detective Brian Smith arrested Estelle when he brought Baker's car back about 4:30 that afternoon.
Estelle refused to talk to Smith and requested to speak to Detective Tom Johnson. Johnson had previously investigated an allegation that Estelle had burglarized a car which belonged to Estelle's ex-wife and found that Estelle was telling the truth when he denied the allegation. Smith and Johnson interviewed Estelle for approximately two or three hours. Estelle tried to get Johnson to promise him a lighter sentence or lower bond in exchange for the location of a drug dealer. Johnson refused. Finally, after Johnson stated he was going to go home, Estelle confessed that he had broken into the garage and had stolen the batteries, radiators, and bumpers.
In addition to the above facts which were developed at the trial and presented to the jury, Patrick McCaffrey, owner of the burglarized garage, testified Estelle telephoned him and admitted that he had stolen the property.
On the day of the trial, Estelle was represented by Attorney Douglas Ainsworth, who was employed by Estelle. He contends on this appeal that his attorney did not present the defense which he, Estelle, wanted him to present and that his counsel was ineffective. For a discussion of this issue, it is necessary to consider the history of Estelle's lawyer's representation in this case.
At the beginning, Attorney Otto Wusnack was appointed to represent Estelle. On September 16, 1986, the attorney filed a motion: 1) for an omnibus hearing; 2) for discovery under Rule 4.06; 3) to suppress statements; 4) for production of documents and evidence; and 5) to dismiss. On September 23, 1986, after a hearing, the trial judge overruled the motion to suppress and dismiss. On October 8, 1986, the State filed a motion to amend the indictment against Estelle to add that the State would seek a sentence of life without parole pursuant to Mississippi Code, Annotated, Sec. 99-19-83 (Supp.1986). On October 16, 1986, Wusnack was allowed to withdraw after Estelle became discontented with his representation and Attorney Gerard F. Smith was appointed to defend Estelle.
On October 24, 1986, Attorney Smith filed a motion to withdraw stating that he had tried to interview Estelle on two occasions and Estelle refused to talk to him. While the motion was pending, Attorney Smith filed a motion to reinstate bond, motion for a psychiatric exam for Estelle and a motion for a transcript of the suppression hearing. Each motion was granted. Estelle then hired Attorney Douglas R. Ainsworth and Smith was relieved of his duties.
Prior to trial, Ainsworth presented motions to suppress, to quash the indictment and to dismiss the habitual offender segment of the indictment. Those motions were prepared by one of Estelle's previous attorneys. The Court took up the motions to suppress and quash and delayed the motion to dismiss the habitual portion of the indictment until prior to the sentencing phase. Ainsworth stated that he had reviewed the transcript of the suppression hearing and his position was that the decision not to suppress was wrong and he thought that there were questions not adequately answered. Ainsworth also introduced a motion in limine to prevent the State from mentioning Estelle's prior record in its case-in-chief, which the trial judge sustained. Estelle complained there were some things that were not being done to protect his rights and complained about the extradition papers issued for him while he was in the state of Michigan.
Attorney Ainsworth made an argument to suppress the confession and the trial court held the issue had previously been argued and ruled on. The judge explained to Estelle that the question of extradition was moot because Estelle was then before the court. Ainsworth next argued that the indictment should be quashed because it did not accurately reflect the name in which the property was held and the trial judge stated that it was a matter of proof. Estelle requested that the Court rule on the matter before any witnesses were called.
Two witnesses were called by the State and after the second witness had completed his testimony, the trial judge excused the jury and told Estelle that he was talking too loud to his attorney. The judge stated that the last thing he heard Estelle say was that he didn't care what the Court thought, he was going to do what he wanted. After another comment from Estelle, the trial judge threatened to gag him.
Estelle stated he wanted to dismiss his attorney because the attorney was not objecting to statements made by the witness which Estelle thought were "ridiculous". The Court then instructed Ainsworth to object to whatever Estelle wanted regardless of whether there was a proper legal basis. Attorney Ainsworth told the trial judge that Estelle wanted to discharge him and Estelle told the judge that Ainsworth wasn't bringing out pertinent points he wanted brought out. Upon questioning by the court, Estelle refused to give details of the alleged deficiencies in Ainsworth's representation. He stated, "I will take it up with another attorney." The court noted that this was the third attorney on the case and then the following took place:
Estelle stated that the district attorney along with the police department had violated his rights. The trial judge noted that Estelle had been before him three times and the first time the court was required to have Estelle bound and gagged; that Estelle had not gotten along with any lawyer involved in the case; and that he had no reason to believe that he would get along with any other. Attorney Ainsworth advised the Court that Estelle would be conducting cross-examination and he would be assisting. The next witness was Billy Enroth who had bought some of the stolen material. Estelle began asking him questions about things Estelle allegedly sold to him. The Judge excused the jury and stated to Estelle that it sounded like he was going to get into an area where he would bring out that the police had investigated him before on things like this. Estelle told the judge that he was trying to establish that he had never sold Enroth stolen material. The following transpired:
After the witness was excused, but before the jury came back, Judge Thomas told Estelle:
And so the trial and harangue went on and on with the appellant, Estelle, acting pro se, but with...
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...discretion or control and the charge that he rendered constitutionally ineffective assistance is without merit." Estelle v. State, 558 So.2d 843 (Miss.1990). Estelle held that where a defendant declines appointed counsel and proceeds to represent himself with appointed counsel only standing......
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