117 So. 3d 674
Miss. Ct. App.2013Background
- Adams appeals the dismissal of his post-conviction-relief motion after pleading guilty to armed robbery.
- Plea hearing transcript shows Adams admitted the armed-robbery crime and a factual basis existed.
- Adams acknowledged the plea was voluntary, and no coercion or promises were shown by the State.
- The circuit court concluded Adams’s guilty plea was voluntary and properly dismissed other PCR claims due to waiver.
- Adams’s sole non-waived claim raised in PCR was ineffective assistance of counsel related to the plea, which the court also dismissed.
- Adams argued double jeopardy based on being charged with burglary and armed robbery, but the court found these are separate offenses and not a double jeopardy violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness of the guilty plea | Adams argues plea was involuntary | State contends plea transcript proves voluntariness | Plea voluntary; no evidentiary hearing required |
| Ineffective assistance of counsel related to the plea | Counsel misinformed about parole and sentence | No deficient performance shown; assertions contradicted by record | No hearing warranted; Strickland claim rejected |
| Double jeopardy | Indictment for burglary and armed robbery violates double jeopardy | Separate offenses with different elements; not double jeopardy | No double jeopardy violation; charges valid |
Key Cases Cited
- Bradshaw v. Stumpf, 545 U.S. 175 (Supreme Court 2005) (plea bargaining and waiver considerations)
- Jones v. State, 936 So.2d 993 (Miss.Ct.App.2006) (elements of armed robbery and guilty-plea advisement)
- Alexander v. State, 605 So.2d 1170 (Miss.1992) (plea colloquy adequacy; elements explained)
- Gardner v. State, 531 So.2d 805 (Miss.1988) (thorough plea-colloquy as key to voluntariness)
- Mitchener v. State, 964 So.2d 1188 (Miss.Ct.App.2007) (absence of supporting evidence defeats PCR claims)
- Chissom v. State, 66 So.3d 1280 (Miss.Ct.App.2011) (valid guilty plea waives challenges to sufficiency of evidence)
- Thornhill v. State, 919 So.2d 238 (Miss.Ct.App.2005) (waiver of non-jurisdictional defects by valid plea)
- Hill v. State, 60 So.3d 824 (Miss.Ct.App.2011) (ineffective-assistance claims in plea context)
- United States v. Cavitt, 550 F.3d 430 (5th Cir.2008) (two-part Strickland test for ineffective assistance)
- Frye, 132 S. Ct. 1399 (2012) (defendant must show deficient performance and prejudice in plea context)