Armstrong Knight v. State of Mississippi
192 So. 3d 360
| Miss. Ct. App. | 2016Background
- In 2003 Armstrong Knight pled guilty to manslaughter, two counts of felon in possession of a firearm (separately charged for an SKS and a shotgun), and one count of carrying a concealed weapon after a felony; total sentence effectively 30 years, all consecutive, following a negotiated plea to avoid a murder conviction and life sentence.
- Knight filed waivers of indictment and separate bills of information charging possession of the SKS and possession of the shotgun; the circuit court accepted the negotiated pleas and imposed the agreed sentences.
- Knight’s earlier 2006 PCR was unsuccessful; on appeal the Court of Appeals vacated only the carrying-a-concealed-weapon conviction but rejected other challenges, including ineffective-assistance claims regarding the two felon-in-possession counts.
- In 2013 Knight filed a successive PCR asserting the two felon-in-possession convictions violate double jeopardy because he simultaneously possessed multiple firearms (both in a U-Haul) and thus could be convicted only once.
- The circuit court denied the 2013 PCR as time-barred and successive-writ barred, but reached the merits and rejected the double-jeopardy claim; the Court of Appeals affirms, holding Knight waived the claim by pleading guilty and, alternatively, the claim lacks merit on the facts and law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Knight’s double-jeopardy claim is procedurally barred (time/successive writ) | Knight argued claim could be considered despite delay | State argued 2013 PCR is time-barred and barred as a successive writ | Court: Substantive double-jeopardy claims are excepted from procedural bars (Rowland); claim not time/successive barred on that basis |
| Whether a guilty plea waived Knight’s double-jeopardy challenge | Knight contended simultaneous possession yields one offense and plea should not bar relief | State argued Knight knowingly pled to two separate bills charging separate firearms and thereby waived the claim under Broce | Court: Waiver—Knight waived the claim by pleading guilty to separate bills that on their face charged distinct offenses (Broce applies) |
| If not waived, whether multiple convictions for simultaneously possessing multiple firearms violate double jeopardy (statute ambiguous/unit of prosecution) | Knight urged statute’s language (“any firearm”) is ambiguous and should be construed to allow only one conviction for simultaneous possession | State pointed to precedent and fact evidence of separate storage/possession times to support multiple convictions | Court: Even if statute construed for single-unit prosecution, record shows separate possession/storage (SKS in van, shotgun in trailer at times) so convictions would not violate double jeopardy; claim fails on the merits |
| Remedy sought (partial vacatur of one felon-in-possession count) | Knight sought vacatur of one possession conviction while keeping manslaughter plea | State argued selective dismantling of plea bargain is improper; vacating one count would disrupt negotiated agreement | Court: Vacating one count would undermine plea benefits Knight sought; he does not seek to undo entire plea, so no relief; plea bargain must stand |
Key Cases Cited
- Tollett v. Henderson, 411 U.S. 258 (guilty plea waives pre-plea constitutional claims)
- United States v. Broce, 488 U.S. 563 (plea waives defenses inconsistent with the indictment; admissions inherent in plea can waive double-jeopardy defenses)
- Menna v. New York, 423 U.S. 61 (facially duplicative charges cannot be waived by plea)
- Blackledge v. Perry, 417 U.S. 21 (constitutional infirmities affecting State’s power to prosecute cannot be waived by plea)
- Bell v. United States, 349 U.S. 81 (ambiguity in criminal statute’s unit of prosecution resolved against multiple punishments)
- Blockburger v. United States, 284 U.S. 299 (same-elements test for double jeopardy)
- Ricketts v. Adamson, 483 U.S. 1 (defendant bound by voluntary choices in plea bargaining)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (double-jeopardy claims excepted from procedural bars in Mississippi PCR statute)
- Graves v. State, 969 So. 2d 845 (double-jeopardy analysis and adoption of Blockburger test in Mississippi)