Borden v. State
122 So. 3d 818
Miss. Ct. App.2013Background
- In 2008 Borden and co-defendant Pugh kidnapped two men after a drug deal; during transport one victim, McCoy, was killed after a struggle over a gun and the vehicle was later set on fire.
- Federally, Borden was convicted in 2009 of conspiracy to kidnap, two kidnappings, felon-in-possession, and possession of a firearm in connection with a crime of violence and sentenced to life plus five years.
- In Jackson County, Mississippi, Borden waived trial and pleaded guilty to capital murder and entered an Alford plea to third-degree arson in 2011; he was sentenced to life without parole plus three years on arson.
- Borden filed a post-conviction relief (PCR) motion claiming his pleas were involuntary, he was “legally innocent,” his counsel was ineffective, and he was denied a speedy trial; the circuit court denied relief.
- The Mississippi Court of Appeals reviewed the PCR denial, considered plea colloquy, factual basis, counsel performance, waiver of rights, and denial of record supplementation, and affirmed the denial.
Issues
| Issue | Borden's Argument | State's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Counsel failed to investigate and misadvised him to plead despite legal innocence | Counsel’s advice was reasonably competent; plea hearing shows Borden satisfied with counsel and acknowledged no defense | Denied — Borden failed both Strickland prongs; sworn statements and record rebut ineffective-assistance claim |
| Voluntariness of guilty plea | Pleas were not voluntary because he was legally innocent | Plea colloquy shows understanding of charges, rights waived, and no coercion | Denied — plea was knowing, intelligent, voluntary and supported by factual basis |
| Sufficiency of factual basis | Plea lacked factual support for capital murder/arson | Indictment reading, Borden’s admissions and his account of kidnapping and shooting provide factual basis; Alford plea for arson accepted | Denied — factual basis adequate for capital murder and Alford plea valid for arson |
| Speedy-trial claim | He was denied a speedy trial | A valid guilty plea waives non-jurisdictional rights including speedy-trial right | Denied — plea waived any speedy-trial claim |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Sawyer v. Whitley, 505 U.S. 338 (1992) (distinguishing factual innocence from legal innocence in post-conviction context)
- North Carolina v. Alford, 400 U.S. 25 (1971) (permits plea where defendant maintains innocence but acknowledges sufficient evidence to convict)
- Wilkerson v. State, 89 So.3d 610 (Miss. Ct. App. 2011) (standard of review for PCR factual findings and burdens)
- Hill v. State, 60 So.3d 824 (Miss. Ct. App. 2011) (requirements for voluntariness and counsel competence in guilty-plea context)
- Dockery v. State, 96 So.3d 759 (Miss. Ct. App. 2012) (burden on defendant to prove plea involuntary and standard for setting aside plea)