Bryan F. Faris v. State of Mississippi
212 So. 3d 107
| Miss. Ct. App. | 2016Background
- Bryan Faris pled guilty (via criminal information) in March 2015 to possession of a stolen shotgun and was sentenced to five years, with credit for 16 months served.
- Faris had three pending indictments earlier; he executed a written waiver of indictment and was represented by counsel when pleading to the information.
- About three months after the plea and sentence, Faris (pro se) filed a motion for post-conviction relief (PCR) seeking to set aside the guilty plea.
- Faris argued (1) the trial court lacked jurisdiction because he was not indicted for the charged offense; (2) his plea was involuntary/unknowing because he was taking prescription medication and had limited intelligence; and (3) trial counsel was ineffective for allowing the plea under those circumstances.
- The trial court summarily dismissed the PCR without an evidentiary hearing; the Court of Appeals reviewed the dismissal and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of charge by criminal information | Faris: charging by information is invalid because he was not indicted | State: waiver of indictment was signed and counsel represented Faris; information is permitted when indictment waived | Affirmed: information was valid; waiver and counsel present satisfied requirements (Berry) |
| Voluntariness of plea (medication/competence) | Faris: plea not knowing/voluntary due to being on prescription meds and limited understanding | State: plea colloquy showed Faris understood, admitted medications (Buspirone, Trazodone) but denied impairment; thorough questioning created strong presumption of validity | Affirmed: sworn statements and colloquy rebut bare assertions; no objective evidence of incompetence (Neal) |
| Ineffective assistance of counsel | Faris: counsel ineffective for allowing plea while he was impaired | State: no evidence counsel performance was deficient; Faris expressly said he was satisfied with counsel | Affirmed: no affidavits or evidence of deficient performance or prejudice; bare allegations insufficient (Strickland standard) |
| Summary dismissal without evidentiary hearing | Faris: relief required evidentiary hearing | State: record and pleadings show no entitlement to relief under Miss. Code Ann. § 99-39-11(2) | Affirmed: summary dismissal proper where motion, exhibits, and prior proceedings show petitioner not entitled to relief |
Key Cases Cited
- Berry v. State, 19 So. 3d 137 (Miss. Ct. App.) (criminal information may be used in lieu of indictment when defendant waives indictment and is represented by counsel)
- Neal v. State, 186 So. 3d 378 (Miss. Ct. App.) (plea voluntariness challenged by medication/competence; sworn colloquy statements carry strong presumption of truth)
- Young v. State, 731 So. 2d 1120 (Miss.) (standard for reviewing PCR: substantial showing of rights denial and procedural aliveness)
- Callins v. State, 975 So. 2d 219 (Miss. Ct. App.) (appellate review of trial court factual findings in PCR denials)
- Watson v. State, 100 So. 3d 1034 (Miss. Ct. App.) (defendant bears burden to prove invalidity of guilty plea)
- Williams v. State, 31 So. 3d 69 (Miss. Ct. App.) (plea invalidity burden and standards)
- Woods v. State, 71 So. 3d 1241 (Miss. Ct. App.) (thorough plea colloquy is primary evidence of plea voluntariness)
- Strickland v. Washington, 466 U.S. 668 (U.S.) (two-prong test for ineffective assistance: deficient performance and prejudice)
- Gilley v. State, 748 So. 2d 123 (Miss.) (presumption that counsel’s performance was effective)
- Mayhan v. State, 26 So. 3d 1072 (Miss. Ct. App.) (bare allegations of ineffective assistance insufficient; affidavits required for PCR support)