Parisie v. State

848 So. 2d 880, 2002 WL 31831396
CourtCourt of Appeals of Mississippi
DecidedDecember 17, 2002
Docket2001-KA-01432-COA
StatusPublished
Cited by6 cases

This text of 848 So. 2d 880 (Parisie v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parisie v. State, 848 So. 2d 880, 2002 WL 31831396 (Mich. Ct. App. 2002).

Opinion

848 So.2d 880 (2002)

John S. PARISIE, Appellant,
v.
STATE of Mississippi, Appellee.

No. 2001-KA-01432-COA.

Court of Appeals of Mississippi.

December 17, 2002.
Rehearing Denied February 18, 2003.
Certiorari Denied June 26, 2003.

*882 John S. Parisie, pro se, appellant.

John W. Chapman, Brandon, attorney for appellant.

Office of the Attorney General by John R. Henry, attorney for appellee.

Before SOUTHWICK, P.J., BRIDGES and MYERS, JJ.

SOUTHWICK, P.J., for the Court.

¶ 1. John Parisie was convicted in the Rankin County Circuit Court on charges of armed robbery, aggravated assault on a law enforcement officer, and possession of a firearm by a felon. He was sentenced to life imprisonment. On appeal, Parisie argues that his restricted access to a law library, numerous procedural errors regarding discovery and his indictment, and errors by the trial court regarding evidentiary matters and jury instructions denied him a fair trial. He also contends that the weight and sufficiency of the evidence do not support his conviction. We find no merit to these arguments and affirm.

FACTS

¶ 2. On November 15, 2000, John Parisie entered an auto parts store in Pearl. He walked directly to the service counter and demanded money. The employees surrendered a bank bag containing $175 as Parisie exhibited a handgun. Exiting the store, Parisie walked across the parking lot of the adjacent business to a hill where his truck was parked. The store manager noted the direction of Parisie's escape and followed him in his own truck in order to obtain Parisie's license plate number. Returning *883 to the crime scene, the manager reported this information to law enforcement.

¶ 3. Scott Walters, a deputy with the Rankin County Sheriff's Department, responded to a "be on the lookout" alert. He saw Parisie's truck and attempted to pull the suspect over. Parisie sped away. A high speed chase ensued. As Parisie attempted to execute a sharp turn into an elementary school parking lot, Walters saw him raise a gun over the seat as if to fire back at his pursuer. Walters accelerated, ramming Parisie's truck. The vehicles came to rest alongside one another after spinning from the impact. Parisie shouted obscene threats at Walters as each man attempted to draw his weapon. However, with law enforcement converging on the scene, Parisie resumed his efforts at escape, this time using the interstate highway westbound towards Jackson.

¶ 4. Police set a roadblock at an upcoming exit in order to trap Parisie, whose flight now reached speeds in excess of one-hundred miles per hour. Parisie's truck left the road approximately 500 yards short of the roadblock. Parisie jumped from his vehicle and proceeded on foot. Officers swarmed to the area. Parisie turned, crouched in a shooter's stance, and fired at Sergeant Timothy Sarrett, who had just arrived in his marked vehicle. Sarrett ducked beneath his dashboard as Parisie's bullet struck the hood just below the windshield. As Parisie fled, police gunfire erupted. Parisie was injured in the arm and leg. When he was finally subdued, Parisie muttered to Deputy Walters that he should have known better than to commit a robbery in Rankin County.

¶ 5. Parisie was tried and convicted on a variety of offenses in August 2001.

DISCUSSION

1. Access to the law library

¶ 6. In a pre-trial hearing, Parisie petitioned the lower court to allow him to represent himself. The lower court granted Parisie's request and appointed the public defender to act as an "advisor" and assist Parisie with procedure and protocol. The trial judge advised Parisie that in allowing him to proceed pro se, the court would not allow Parisie to seek the assistance of counsel once the trial had begun. In a later hearing, the trial court granted Parisie five hours weekly access to the law library to prepare his defense. This access was to be determined at the sheriff's discretion.

¶ 7. Parisie was allowed five hours of law library access during the first week, three hours the second, and approximately one hour in the library for the following two weeks. From May 9 to his trial on August 20, Parisie was denied access. The record suggests that Parisie sought enforcement of the order, and in the final pre-trial hearing, the lower court responded to Parisie's contention by stating: "Well, all I can tell you, Mr. Parisie, is I ordered it. It's up to the Sheriff to honor that order, and the order is in place, and the Sheriff told me that he considered you an escape risk, and, you know, I can't—I don't know what to do about it."

¶ 8. On appeal, Parisie contends that the lower court's order granting law library access created a reasonable expectation of such access. Parisie further argues that the lower court's refusal to allow him the option to substitute counsel mid-trial necessitated his preparing a defense, with "access to the courts," and, by extension, the law library.

¶ 9. Before trial, the State provided Parisie with case law demonstrating that law library access is not a fundamental *884 constitutional right afforded criminal defendants. Degrate v. Godwin, 84 F.3d 768, 769 (5th Cir.1996). A prisoner is entitled either to access to the courts to prepare and file meaningful legal documents or adequate assistance from persons legally trained. Id. (citing Bounds v. Smith, 430 U.S. 817, 828, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977)). If he receives either, his rights have been upheld. Here, Parisie had the public defender as an adviser and to assist on matters that Parisie could not handle. When law library access was limited then denied, the lawyer was an alternative.

¶ 10. Parisie argues that in Degrate, the defendant accepted, then dismissed, his court-appointed counsel. By contrast, Parisie maintained self-representation throughout the course of the proceedings below. We do not find the holding in Degrate to apply only in the limited circumstance of a criminal defendant who terminates an existing relationship with appointed counsel and then acts pro se. Indeed, Degrate addresses any situation in which the prisoner "knowingly and voluntarily waives appointed representation by counsel in a criminal proceeding." Id. This includes situations such as Parisie's, where counsel never held primary responsibility for the accused's defense.

¶ 11. The Mississippi Supreme Court has addressed the question on facts even closer to our own. Evans v. State, 725 So.2d 613 (Miss.1997). In Evans, the defendant acted pro se, with appointed counsel acting in an advisor role. Id. at 704. Over Evans' objections, the trial court denied law library access, ordering the delegation of research tasks to the attorney. Id. The court found that this appointment of counsel satisfied the Bounds requirement for meaningful access to the courts. Id.

¶ 12. As in Evans, Parisie was provided access to counsel and thereby to the courts. Even in a standby role, professional legal assistance appointed to criminal defendants provides meaningful access to those resources necessary to mount a defense. We do not find that Parisie's constitutional rights were violated.

2. Discovery

¶ 13.

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Bluebook (online)
848 So. 2d 880, 2002 WL 31831396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parisie-v-state-missctapp-2002.