Clark v. State
2011 Miss. App. LEXIS 15
| Miss. Ct. App. | 2011Background
- Clark pled guilty on Jan 5, 2004 to kidnapping and armed carjacking with two 30-year sentences, 10 years suspended on each, to be served concurrently.
- He filed a motion for records and transcripts on Apr 10, 2006 and a petition for order to show cause on Jul 21, 2008, which the circuit court treated as a post-conviction relief (PCR) motion.
- Clark claimed the indictment was defective for lacking the grand jury foreman’s signature, the circuit clerk’s signature, and the filing date.
- The circuit court denied relief, citing the three-year time bar under the Uniform Post-Conviction Collateral Relief Act and holding that a guilty plea waives technical/non-jurisdictional indictment defects.
- On appeal, Clark asserted additional claims (involuntary plea, ineffective assistance, due-process, appellate-rule violations, excessive sentence) but the court addressed only the timely/waiver issues and ruled against him.
- The Mississippi Court of Appeals affirmed, holding that the petition was time-barred, the indictment defects were waived by the guilty plea, and other claims were procedurally barred or meritless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Time-bar for PCR motion | Clark argues newly discovered evidence exception. | State contends time bar applies; no valid exception shown. | Time-bar applies; petition barred. |
| Defective indictment waived by guilty plea | Indictment defect affects jurisdiction. | Plea waived all non-jurisdictional defects. | Waived; defect not reversible. |
| Procedural bar of additional claims on appeal | Claims raised on appeal should be reviewed. | Only defect in indictment raised in PCR; other claims barred. | Other claims procedurally barred. |
Key Cases Cited
- Moore v. State, 986 So. 2d 928 (Miss.2008) (standard of review on PCR factual findings; de novo questions of law)
- Lockett v. State, 614 So.2d 888 (Miss.1992) (burden on petitioner to prove non-barred claims; new-evidence exception required)
- Reeder v. State, 783 So.2d 711 (Miss.2001) (indictment defects waived by guilty plea)
- Doss v. State, 19 So.3d 690 (Miss.2009) (Strickland standard for ineffective assistance claims requires specificity)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Fleming v. State, 553 So.2d 505 (Miss.1989) (discovery standard for post-conviction records requests)
- Johnson v. State, 950 So.2d 178 (Miss.2007) (proportionality review boundaries; within statutory maximum cannot be disturbed)
- Foster v. State, 716 So.2d 538 (Miss.1998) (procedural bars in PCR appeals)