270 So. 3d 133
Miss. Ct. App.2018Background
- Clarence Lovett, in his forties, pled guilty to two counts of sexual battery after DNA linked him to a child impregnated around age 14; prosecutor said victim would testify sexual activity began when she was nine.
- Plea was entered without an agreed recommendation; the circuit court sentenced Lovett to consecutive 25-year terms.
- Lovett, proceeding pro se, filed a post-conviction relief (PCR) motion claiming ineffective assistance of counsel for failure to file a motion for discovery and for allegedly forcing him to plead guilty by warning he would get 100 years otherwise.
- The Pike County Circuit Court summarily dismissed the PCR motion under Miss. Code Ann. § 99-39-11(2), finding the claims insufficient as a matter of law and unsupported by the record.
- At the plea hearing Lovett affirmed he was satisfied with counsel and had reviewed the State’s discovery materials; the court relied on that transcript in dismissing contradictory affidavit claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not filing a motion for discovery | Lovett: counsel failed to move for discovery, denying possible exculpatory or impeachment material | State: Fourteenth Judicial District has open discovery; a formal motion was unnecessary and Lovett cites no specific missing evidence | Denied — no deficient performance shown and Lovett failed to show prejudice or identify omitted evidence |
| Whether counsel coerced or forced Lovett into pleading guilty | Lovett: counsel told him plea was his best option and threatened he would get 100 years otherwise | State: Plea transcript shows Lovett was not threatened or promised anything and he stated satisfaction with counsel; unsupported affidavit is insufficient | Denied — plea was voluntary on the record and affidavit was contradicted by transcript; no colorable ineffective-assistance claim |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-part test for ineffective assistance: deficient performance and prejudice)
- Stringer v. State, 454 So. 2d 468 (Miss. 1984) (Mississippi adoption of Strickland standard)
- Young v. State, 731 So. 2d 1120 (Miss. 1999) (standards for procedural viability of PCR claims)
- Wright v. State, 577 So. 2d 387 (Miss. 1991) (affidavit may be treated as a "sham" when contradicted by unimpeachable record evidence)
- Vitela v. State, 183 So. 3d 104 (Miss. Ct. App. 2015) (movant's unsupported affidavit insufficient to meet PCR pleading requirements)
- Gardner v. State, 531 So. 2d 805 (Miss. 1994) (issues not raised in PCR motion are procedurally barred on appeal)