Chaney v. State
121 So. 3d 306
| Miss. Ct. App. | 2013Background
- Chaney pled guilty to five counts of burglary of a dwelling on December 18, 1981.
- Over thirty years later, Chaney filed a post-conviction relief (PCR) motion asserting ineffective assistance of counsel.
- Jackson County Circuit Court dismissed the PCR without an evidentiary hearing as untimely and lacking merit; reconsideration was denied.
- Appeal follows; the court reviews PCR dismissals de novo for questions of law and with clear-error standard for factual findings.
- Chaney alleged ineffective assistance, including coercion, misexplanation of laws and sentencing, and failure to object and to perfect an appeal.
- Chaney’s PCR motion was subject to a three-year statute of limitations with potential statutory exceptions; the court emphasized the need to show applicable exception and that errors raising fundamental rights may be excepted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PCR was timely or saved by an exception. | Chaney sought relief within three years and urged exceptions apply. | Motion untimely and no applicable exception proven. | Procedural bars applied; no exception shown to toll timeliness. |
| Whether Chaney satisfied Strickland for ineffective assistance. | Counsel coercive, misinformed, and failed to pursue correct plea/appeal. | Chaney provided only unsworn statements; insufficient to prove deficiency or prejudice. | No deficient performance shown; no prejudice established. |
| Whether Chaney’s evidence complied with PCR pleading requirements. | Statement of facts sworn by movant; alleges merits. | Factual statement unsworn and improperly titled as an affidavit; improper evidence. | Evidence defective; failed to satisfy pleading requirements. |
Key Cases Cited
- Bell v. State, 95 So.3d 760 (Miss.Ct.App.2012) (exception to procedural bars must be shown by movant)
- Rowland v. State, 42 So.3d 503 (Miss.2010) (fundamental-rights exceptions to procedural bars)
- Chandler v. State, 44 So.3d 442 (Miss.App.Ct.2010) (mere constitutional assertions insufficient to waive bars)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (two-prong test for ineffective assistance)
- Stringer v. State, 454 So.2d 468 (Miss.1984) (adopted Strickland standard in Mississippi)
- Cole v. State, 918 So.2d 890 (Miss.2005) (causal link between counsel's deficient performance and guilty plea required)