Sandlin v. State
| Decision Date | 10 October 2013 |
| Docket Number | No. 2012–KA–00258–SCT.,2012–KA–00258–SCT. |
| Citation | 156 So.3d 813 |
| Parties | Lisa SANDLIN a/k/a Lisa A. Sandlin a/k/a Lisa Babler a/k/a Lisa Husky v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Office of State Public Defender by W. Daniel Hinchcliff, attorney for appellant.
Office of the Attorney General by Lisa L. Blount, attorney for appellee.
Before RANDOLPH, P.J., KING and COLEMAN, JJ.
KING, Justice, for the Court:
¶ 1. Lisa Sandlin was convicted of murder for the death of her stepson Kirk Sandlin and sentenced to a term of life in prison. Lisa appeals, raising two issues:
¶ 2. We find that Issue I is barred from review. With regard to Lisa's ineffective-assistance-of-counsel claims, the record clearly establishes that three issues—statements made in opening argument, statements made in closing argument, and Lisa's motion for directed verdict—are without merit. Thus, we affirm Lisa's conviction and sentence on these issues. But the record is insufficient to consider two of her ineffective-assistance-of-counsel claims—Sammy's testimony and a 911 call—on direct appeal. Thus, we dismiss these two claims without prejudice to Lisa's right to bring these claims later in a properly filed motion for post-conviction relief.
FACTS AND PROCEDURAL HISTORY
¶ 3. Sammy and Lisa Sandlin married in 1998. Both had children from previous relationships—Kirk Sandlin (Sammy's son) and Jesse Huskey1 (Lisa's son). Sammy, Jesse, and Lisa testified that, early on, the entire family got along very well. Later, Kirk developed a drug habit which negatively affected the family relationship. Kirk stole frequently from Sammy, Lisa, and Jesse. Jesse said that Kirk was an intimidating person, and he was paranoid, distrustful, aggressive, and quick-tempered. Kirk and Lisa's relationship had become especially volatile. Jesse knew that Lisa was afraid of Kirk. While Jesse had never witnessed a physical altercation between Lisa and Kirk, Lisa had shown Jesse bruises she claimed were inflicted by Kirk. Sammy stated that Lisa previously had called the police on Kirk, but he thought her calls were unnecessary and urged her not to call the police again.
¶ 4. On September 22, 2010, in Saltillo, Mississippi, Kirk and Lisa were involved in a verbal altercation, which ended in Lisa shooting Kirk. Dr. Amy McMaster, a forensic pathologist, testified that the cause of death was a gunshot wound to the torso and labeled the death a homicide.2
¶ 5. John Russell Sandlin, Sammy's brother and Kirk's uncle, was not present when Kirk was shot. But John testified to events that had transpired the day before the incident. According to John, he and Kirk were working on a car at Sammy's barn. The barn was at least fifty to sixty yards away from the house. At one point, Lisa came on the porch and yelled, “If ya'll don't get the hell out from here, I'm fixing to start shooting.” John testified that they had not exchanged words with Lisa prior to her statement, and they left the home soon thereafter. Lisa denied that she made the statement.
¶ 6. Sammy was present during the shooting and testified regarding what took place. That night, Lisa and Sammy's mother were sitting on the patio by the fire pit. Kirk came by the house to ask Sammy to help him get a city-maintenance job. Sammy expressed his hesitation to help Kirk, reminding Kirk that he had “messed up” previous job opportunities. According to Sammy, Lisa chimed in, stating, “Kirk, you are not going to do nothing but mooch off ... your daddy.” Sammy stated that Kirk called Lisa a bitch and continued to curse at her. Lisa told Kirk to get off the property. Although Sammy had not mentioned this to police before, at trial he testified that Kirk stood up, flexed his muscles, and told Sammy, “Daddy, if you don't get her away from me, I'm going to kill her.” Sammy told Lisa to go into the house “and just hush.”
¶ 7. Kirk stayed and talked to Sammy a few more minutes before heading away. Then, Kirk returned and said, “Daddy, I want to ask you something else.” Kirk walked back toward the house and stopped in the breezeway at least six to eight feet away from the door. Sammy heard Kirk say, “Well, what are you going to do with that gun, bitch, shoot me?” Sammy could not see Lisa in the doorway, but he saw the gun barrel. Sammy ran to Kirk, but he did not get there in time. Sammy caught Kirk before he hit the ground and called 911.
¶ 8. According to Sammy, he normally kept the shotgun unloaded. All of the shells had been used except for two, which he kept in Lisa's jewelry box. After the shooting, only one shell remained. Lisa had reminded Sammy that either Kirk or Jesse had used the shotgun last, and perhaps they had left it loaded. After that reminder, Sammy recalled loading the shotgun himself to shoot a snake, and he testified that he had probably left the shell in the gun. As far as Sammy knew, Lisa never had touched the shotgun. Sammy acknowledged that Kirk and Lisa had not gotten along for some time. But he did not remember giving a written statement to police stating that Lisa had talked about shooting or killing Kirk for a long time.
¶ 9. Lisa testified in her own defense. She described her relationship with Kirk as pleasant until his drug addiction. Lisa testified that Kirk's attitude had changed, and he had become violent. Lisa gave her account of the night's events. According to Lisa, Kirk stated that “somebody had to work around here.” Lisa told Kirk that Sammy worked hard. In response, Kirk told Lisa to “shut the f—up.” Lisa snapped back,
¶ 10. Kirk was upset, and he cursed and spat in Lisa's face. Sammy told Lisa to go inside, and she did. Lisa stated that when she went inside the house, she grabbed the shot gun to intimidate Kirk. She walked to the door with the gun. Kirk saw her and asked, “What are you going to do with that, shoot me?” Lisa declared, “I will,” and Kirk responded, “Go ahead.” Lisa stated that she cocked the gun and pulled the trigger, and the shotgun made a loud noise. Immediately afterwards, Lisa called her father and informed him that he might not see her for a while because she had shot Kirk. Lisa stated that when the police arrived, she took full responsibility for her actions and cooperated with the police.
¶ 11. At approximately 7:35 p.m., Kerry Gaddy, a sergeant with the Lee County Sheriff's Department, responded to Sammy's 911 call. Upon arrival, Sergeant Gaddy found Kirk lying on the ground and saw Sammy giving Kirk aid. At the time, Kirk was alive. Sammy informed Sergeant Gaddy that Kirk, his son, had been shot by Lisa, his wife, and that Lisa was inside the home. Sergeant Gaddy called Lisa's name and asked her to come out with her hands up. According to Sergeant Gaddy, Lisa seemed agitated and upset but not frightened. He did not notice any signs of a struggle. As Lisa emerged, Sergeant Gaddy said that she yelled, Sergeant Gaddy secured the weapon—a shotgun—which had a spent shell in it.
¶ 12. Jason Putt, an officer with the Lee County Sheriff's Department, had arrived at the residence. He placed Lisa under arrest, read her the Miranda3 rights, and placed her in his patrol car. Putt opined that Lisa showed no remorse and stated that she did not inquire about Kirk's condition. Chief Investigator Scott Reedy arrived at the scene and questioned Lisa regarding the incident. According to Investigator Reedy, Lisa said that she and Kirk had gotten into a verbal altercation outside the home. She denied that the altercation was physical. Lisa admitted to Investigator Reedy that she had shot Kirk, but she claimed that the gun had gone off by accident. Lisa did not recall loading the shotgun. During questioning, Lisa told Investigator Reedy “she was tired of [Kirk's] shit, [a]nd I shot him.” Investigator Reedy testified that Lisa, during the first interview, did not mention anything about acting in self defense.
¶ 13. Investigator Reedy interviewed Lisa a second time on September 23, 2010. The recorded interview was played for the jury. During the interview, Investigator Reedy informed Lisa that Kirk had died from his wounds. According to Investigator Reedy, Lisa had added facts to her statement. She told him about domestic-violence reports she previously had filed against Kirk. She claimed Kirk had run toward her before she had shot him. Investigator Reedy also testified regarding the crime scene. He stated that Kirk was lying on a rug which was at least six to eight feet away from the door. He found an empty shell box sitting near an aquarium in Lisa's bedroom. Investigator Reedy also had noticed an open dresser drawer in the bedroom. He said that the drawer was opened to the point that it was falling out, and there was an empty spot in the drawer. Lisa told Investigator Reedy that she did not know where the shell box came from and claimed she could have moved it while cleaning. At trial, Sammy testified that he had removed the empty shell box from the dresser drawer. Investigator Reedy also found a gin bottle in the kitchen. Lisa told him that she and Sammy had been drinking that night.
¶ 14. Lisa denied being intoxicated that night. She also denied telling the officers that she had “shot the motherfucker.” Instead, Lisa stated that she had explained to the officers how Kirk was cursing at her. Lisa claimed she did not load the gun, she did not think the gun was loaded, and she had used the gun only to intimidate Kirk. She also stated that she had not shot a gun in more than thirty years. Lisa testified that Kirk was “very poofed up, cocky” during their exchange. She stated that she was afraid of Kirk, but Sammy had allowed Kirk to come and go at the house as he pleased.
¶ 15. At the conclusion of the evidence, the jury returned a verdict,...
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