Christopher Conway Boyd v. State of Mississippi
155 So. 3d 914
| Miss. Ct. App. | 2014Background
- Christopher C. Boyd pleaded guilty in 1987 to four counts of armed robbery and received consecutive ten-year sentences.
- At the plea colloquy the judge informed Boyd of the rights to a jury trial, counsel, appeal, and to confront accusers, but did not explicitly advise him of the right against self-incrimination.
- Boyd filed multiple post-conviction relief (PCR) motions (1994, 2001, 2012) asserting his plea was involuntary because he was not told about the right against self-incrimination; earlier motions were denied as procedurally barred.
- Boyd relied on Rowland v. State (2010) to argue that certain fundamental-right errors exempt a PCR petition from UPCCRA procedural bars.
- The Tate County Circuit Court dismissed Boyd’s 2012 PCR motion as procedurally barred and found Rowland’s exception did not apply; Boyd appealed.
- The Court of Appeals affirmed, holding failure to advise of the privilege against self-incrimination is not a Rowland-type fundamental error that overcomes procedural bars, and the plea transcript otherwise shows a knowing, voluntary plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to advise of the Fifth Amendment right against self-incrimination at plea is a "fundamental constitutional" error under Rowland that overcomes UPCCRA procedural bars | Boyd: Court’s omission made his plea involuntary; Rowland’s exception for fundamental rights applies so the PCR is not procedurally barred | State: The omission is not a Rowland-level fundamental error; prior authorities and the plea transcript show no cognizable constitutional violation | Court: Denied — omission does not qualify as a Rowland exception; claim is procedurally barred and plea was knowing and voluntary |
Key Cases Cited
- Boykin v. Alabama, 395 U.S. 238 (1969) (guilty plea must be knowing and voluntary; record must show waiver of key rights)
- Brady v. United States, 397 U.S. 742 (1970) (upheld guilty plea absent specific admonitions when plea is knowingly and voluntarily made)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (errors affecting fundamental constitutional rights are excepted from UPCCRA procedural bars)
- McGriggs v. State, 117 So. 3d 626 (Miss. Ct. App. 2012) (failure to inform of privilege against self-incrimination is not a Rowland-level fundamental right)
- Horton v. State, 584 So. 2d 764 (Miss. 1991) (where record fails to show advisement of privilege, an evidentiary hearing may be required when no procedural bar exists)
- United States v. Frontero, 452 F.2d 406 (5th Cir. 1971) (no precedent requires informing defendant of every right waived by a guilty plea)
- United States v. Timmreck, 441 U.S. 780 (1979) (collateral relief for technical rule violations requires a showing the defendant would not have pleaded but for the error)
- United States v. Dominguez Benitez, 542 U.S. 74 (2004) (defendant must show a reasonable probability that, but for the error, he would not have entered the plea)