299 So.3d 899
Miss. Ct. App.2020Background
- Angela Nichole Whitehead was indicted on multiple felonies and on March 4, 2015 signed plea petitions and entered guilty pleas to possession of methamphetamine, grand larceny, shooting into a dwelling, and escape; the court accepted the pleas and sentenced her to consecutive terms totaling 15 years plus court-ordered treatment.
- Whitehead filed a postconviction relief (PCR) motion alleging ineffective assistance of counsel (Richard Carter): he rushed her, failed to review discovery and plea paperwork, misinformed or pressured her about consequences (including threats of life imprisonment if she went to trial), and promised eligibility for early release.
- She also alleged counsel failed to investigate or move for a competency examination after an alleged overdose and history of bipolar disorder/ADD.
- At the February 13, 2018 evidentiary hearing, testimony included Carter, family members, and Dr. Mark Webb (psychiatrist), who opined Whitehead was not competent at the plea date based partly on alleged overnight overdose. Whitehead did not testify at the PCR hearing.
- The trial court found Whitehead’s plea was knowing, voluntary, and supported by her in-court sworn statements; it rejected claims that Carter failed to review discovery or that competency concerns required a Rule 9.06 evaluation. The Court of Appeals affirmed the denial of the PCR motion.
Issues
| Issue | Whitehead's Argument | State/Carter's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to adequately review discovery and the plea petitions and for pressuring a plea | Carter rushed her, told her to tell the judge he reviewed documents, refused to provide discovery, and pressured her to accept a quick 5-year offer | Carter testified he reviewed discovery and plea petitions with Whitehead, investigated witnesses/scenes, discussed plea options, and observed no impairment; plea colloquy shows she understood and was satisfied | Court found counsel’s performance not deficient; plea statements under oath and counsel’s testimony refuted Whitehead’s claims; ineffective-assistance claim denied |
| Whether counsel was ineffective for failing to seek a competency evaluation before accepting pleas | Whitehead (and family) say she has bipolar/ADD, attempted overdose the night before, and was not competent to decide or assist counsel | Carter and the State say he observed no signs of impairment, Whitehead denied disability/drug influence under oath at the plea, and there was no objective evidence to trigger a competency exam | Court held Whitehead failed to show by substantial evidence she was incompetent or that counsel’s failure to seek exam prejudiced her; no competency hearing was required |
| Whether the guilty pleas were involuntary/invalid due to counsel’s alleged errors or mental incompetence | Plea was procured by counsel’s threats/promises and while she was incompetent | Trial court’s plea colloquy, plea petitions, and surrounding events properly advised her of rights, charges, and consequences; open-court sworn statements presumed truthful | Court concluded pleas were voluntary, knowing, and intelligent; guilty pleas valid |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective-assistance standard)
- Magee v. State, 270 So. 3d 225 (ineffective-assistance standard applied to guilty-plea context)
- Johns v. State, 926 So. 2d 188 (standard of review for PCR denials after evidentiary hearing)
- Hill v. State, 60 So. 3d 824 (guilty plea waives non-jurisdictional trial rights except claims attacking plea voluntariness)
- United States v. Cavitt, 550 F.3d 430 (ineffective-assistance claims preserved only to extent they attack plea voluntariness)
- Childress v. Johnson, 103 F.3d 1221 (counsel’s duty to substantially assist client in plea decision)
- Yates v. State, 226 So. 3d 614 (plea validity requires voluntary, knowing, intelligent entry)
- Montalto v. State, 119 So. 3d 1087 (statements made under oath in court carry strong presumption of veracity)