Buckley v. State
119 So. 3d 1171
| Miss. Ct. App. | 2013Background
- Buckley, Rainey, and Franklin robbed a Columbia, Mississippi liquor store at gunpoint on August 9, 2008; all were indicted for conspiracy to commit armed robbery and armed robbery, but the conspiracy charge was dismissed for all three.
- Buckley pled guilty to armed robbery on April 6, 2009 and received 25 years, with 20 to serve and 5 years post-release supervision.
- Buckley filed a post-conviction-relief petition on May 13, 2010; the circuit court ordered a response, and the petition was dismissed on May 23, 2012.
- Buckley appeals, arguing ineffective assistance of counsel and an excessive sentence; the court affirms dismissal.
- Procedural standard: summary dismissal allowed if no relief is due; on appeal, questions are reviewed de novo for legal issues with factual findings reviewed for clear error.
- The court held Buckley’s ineffective-assistance claim meritless and found her sentence not excessive or disproportionate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel claim viability | Buckley asserts deficient performance by counsel affected her guilty plea. | Buckley’s claim is unsupported; she offered only her own affidavit and contradicted her prior statements of satisfaction. | No deficient performance; no prejudice; claim fails |
| Excessive sentence under Eighth Amendment | Buckley was given a lighter sentence than co-defendants but argues disproportionality. | Sentence falls within statutory maximum and is not grossly disproportionate. | Sentence within statutory limits and not disproportionate |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance standard)
- Stringer v. State, 454 So.2d 468 (Miss. 1984) (adopts Strickland framework in Mississippi)
- Cherry v. State, 24 So.3d 1048 (Miss.Ct.App. 2010) (affidavit-based ineffective-assistance challenges insufficient)
- Vielee v. State, 653 So.2d 920 (Miss. 1995) (affidavit contradictions undermine claims)
- Cole v. State, 918 So.2d 890 (Miss.Ct.App. 2006) (guilty-plea defense requires substantial prejudice)
- Mosley v. State, 104 So.3d 839 (Miss. 2012) (review of post-conviction decisions; standard)
- Solem v. Helm, 463 U.S. 277 (U.S. 1983) (Solem disproportionality framework for Eighth Amendment)
- Oliver v. State, 20 So.3d 16 (Miss.Ct.App. 2009) (life-sentence selection and first-time offender considerations)
- Collins v. State, 822 So.2d 364 (Miss.Ct.App. 2002) (differences in sentences among coconspirators permitted)
- Jefferson v. State, 855 So.2d 1012 (Miss.Ct.App. 2003) (guilty plea waives certain evidentiary issues)