Anthony Green v. State of Mississippi
235 So. 3d 1438
| Miss. Ct. App. | 2017Background
- In 2008 Anthony Green pled guilty to two counts of murder and one count of grand larceny under a plea agreement avoiding capital charges and with recommended concurrent life sentences for murder and a consecutive, sub-maximum term for larceny.
- In 2016 Green filed a post-conviction-relief (PCR) motion challenging his murder convictions as based on a defective indictment and an involuntary guilty plea.
- The circuit court summarily dismissed the PCR motion as time-barred under Miss. Code Ann. § 99-39-5(2); Green appealed.
- Green relied on the “fundamental constitutional rights” exception to the PCR statute of limitations rather than any statutory exceptions.
- The Court of Appeals reviewed de novo and addressed four contentions: indictment sufficiency (capital vs. simple murder), factual basis for the plea, voluntariness of the plea regarding elements, and double jeopardy.
- The court affirmed dismissal: indictment defects were not shown (and precedent overruling applied), the factual-basis and voluntariness claims were time-barred or without merit, and no double jeopardy issue existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of indictment | Indictment for capital murder failed to name victim of underlying felony, so defective | Green pled to simple murder; indictments adequately alleged murder; Rowland’s requirement was overruled by Carson | Indictment adequate; claim fails and is not a basis to avoid time-bar bar |
| Factual basis for plea | Trial court failed to establish factual basis at plea hearing, rendering plea involuntary | Claim not a recognized ‘‘fundamental’’ exception to statute of limitations; record shows prosecutor gave detailed factual recitation and Green admitted it | Time-barred and meritless on the record |
| Voluntariness — elements explained | Plea involuntary because court did not explain elements of simple murder as distinct from capital murder | Explaining elements is not required if counsel has advised defendant; Green’s sworn petition acknowledged counsel’s advice | Time-barred; alternatively, without merit because counsel and record satisfied requirements |
| Double jeopardy | Convictions violate double jeopardy | Record shows murders of two separate victims; no authority or supporting argument for claim | Without merit |
Key Cases Cited
- Pickney v. State, 192 So. 3d 337 (Miss. Ct. App. 2015) (indictment adequately alleged murder)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (discussing indictment requirements for capital murder)
- Carson v. State, 212 So. 3d 22 (Miss. 2016) (overruling Rowland’s holding that victim identity is an element of capital murder)
- Bradshaw v. Stumpf, 545 U.S. 175 (2005) (trial court need not personally explain offense elements where counsel has advised defendant)
- Salter v. State, 184 So. 3d 944 (Miss. Ct. App. 2015) (cataloguing the narrow set of fundamental rights that survive PCR procedural bars)