Allen Goul v. State of Mississippi
223 So. 3d 813
| Miss. Ct. App. | 2017Background
- Allen Goul pleaded guilty to murder and was sentenced to life imprisonment on September 1, 1993.
- On April 18, 2016, Goul filed a pro se motion for post-conviction collateral relief (PCCR), alleging his guilty plea was involuntary and that counsel was ineffective.
- The Harrison County Circuit Court denied the PCCR as time-barred under the three-year limitations period governing guilty-plea PCCR motions.
- Goul admitted the motion was untimely but argued the seriousness of his constitutional claims warranted review.
- The Court of Appeals reviewed both the procedural bar and the merits, finding the motion time-barred and, alternatively, that both the involuntary-plea and ineffective-assistance claims lacked merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of PCCR | Goul sought review despite filing in 2016, arguing claims deserve consideration | State: PCCR for guilty pleas must be filed within 3 years of judgment; Goul’s 1993 conviction is untimely | Motion is time-barred; no applicable exception applies |
| Exception for fundamental-rights claims | Goul asserted constitutional claims (involuntary plea, ineffective counsel) justify tolling | State: only limited fundamental-rights exceptions survive procedural bars | Court: these claims are not among recognized exceptions; procedural bar applies |
| Voluntariness of guilty plea | Goul claimed plea was involuntary, induced by deception/coercion | State: transcript and plea petition show Goul was advised of rights and voluntarily entered plea | Plea was knowing, voluntary, intelligent; claim fails |
| Ineffective assistance of counsel | Goul claimed counsel promised reconsideration after 7 years and misadvised him | State: record shows satisfaction with counsel; any motion for reconsideration didn’t guarantee relief and court retained discretion | No deficient performance or prejudice shown; claim fails |
Key Cases Cited
- Kennedy v. State, 179 So. 3d 82 (Miss. Ct. App. 2015) (standard of review for PCCR rulings)
- Berryhill v. State, 197 So. 3d 938 (Miss. Ct. App. 2016) (criteria for voluntariness of guilty plea)
- Burrough v. State, 9 So. 3d 368 (Miss. 2009) (requirements for advising defendant at plea)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (exceptions to procedural bars for certain fundamental rights)
- Jones v. State, 174 So. 3d 902 (Miss. Ct. App. 2015) (involuntary-plea and ineffective-assistance claims not exempt from time-bar)
- Kirk v. State, 798 So. 2d 345 (Miss. 2000) (timeliness and exceptions under UPCCRA)
- Salter v. State, 184 So. 3d 944 (Miss. Ct. App. 2015) (listing fundamental-rights claims that survive procedural bars)
- Liddell v. State, 7 So. 3d 217 (Miss. 2009) (Strickland standard applied to ineffective-assistance claims)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)