Alison Nicole Williams v. State of Mississippi
163 So. 3d 993
Miss. Ct. App.2015Background
- Alison Nicole Williams pled guilty to armed robbery on June 29, 2012; sentenced to 10 years MDOC + 10 years post-release supervision and a $1,000 fine.
- On October 1, 2011, Williams handed a note at a drug store saying she had a gun and demanded controlled substances; employees feared for their safety.
- The pharmacist struggled with Williams and retrieved a gun from her waistband after restraining her; employees had not seen the gun before it was taken from Williams.
- Williams filed a post-conviction relief (PCR) motion on November 22, 2013 asserting lack of factual basis and ineffective assistance of counsel; she did not raise involuntariness in the PCR.
- The trial court denied PCR; Williams appealed, arguing (1) plea involuntary (due to prescription drugs/mental illness), (2) no factual basis (weapon not exhibited), and (3) ineffective counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness of plea | Williams: plea involuntary because she was on prescription drugs and had mental illness at plea time | State: claim was not raised in PCR and is procedurally barred; no factual support that medications or mental illness impaired her | Court: claim procedurally barred; no evidence she was operating under defect of reason; issue denied |
| Factual basis for plea | Williams: no factual basis because she did not exhibit a deadly weapon | State: note stating "I have a gun" plus conduct was an overt act creating reasonable belief a weapon was present; pharmacist retrieved a gun from her waistband | Court: The note and conduct provided a sufficient factual basis under armed robbery precedent; issue denied |
| Ineffective assistance of counsel | Williams: counsel failed to inform court of her mental state/medication, failed to advise on elements, and failed to object to factual basis | State: counsel's performance not deficient because mental-state and factual-basis claims lack merit; no prejudice shown under Strickland | Court: Counsel was not ineffective; PCR denial affirmed |
Key Cases Cited
- Dambrell v. State, 903 So. 2d 681 (Miss. 2005) (overt act that would cause a reasonable person to believe a deadly weapon is present suffices for armed robbery)
- Corley v. State, 585 So. 2d 765 (Miss. 1991) (trial court must be able to find a factual basis before accepting a guilty plea)
- Lyons v. State, 942 So. 2d 247 (Miss. Ct. App. 2006) (note asserting a gun supported armed-robbery conviction where victim feared for life)
- Trammell v. State, 62 So. 3d 424 (Miss. Ct. App. 2011) (victim's belief of a weapon based on defendant's conduct can support armed robbery even if weapon not seen)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance: performance and prejudice)
- Burrough v. State, 9 So. 3d 368 (Miss. 2009) (in plea context, prejudice requires showing defendant would have gone to trial but for counsel's errors)
- Rivers v. State, 807 So. 2d 1280 (Miss. Ct. App. 2002) (claims not raised in PCR are procedurally barred on appeal)
- Hughes v. State, 106 So. 3d 836 (Miss. Ct. App. 2012) (standard of review for PCR denials: factual findings for clear error, legal conclusions de novo)