Collier v. State
112 So. 3d 1088
Miss. Ct. App.2013Background
- Collier pleaded guilty to murder on May 5, 2008, receiving life without parole.
- On May 4, 2011, Collier moved for post-conviction relief claiming he would have rejected the plea if told parole was unavailable.
- The trial court dismissed the motion for lack of duty to inform about parole eligibility.
- Collier then filed a reconsideration motion with an affidavit alleging an agreement for parole if he had pleaded guilty.
- The affidavit was unsigned/not dated and filed after the three-year statute of limitations for post-conviction relief.
- The appellate court affirmed the dismissal, holding the affidavit insufficient under Mississippi law and finding no basis to grant an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Collier was entitled to an evidentiary hearing on voluntariness of the plea | Collier would have gone to trial if told parole was possible | No misrepresentation or parole promise proved; no parole discussion at sentencing | No evidentiary hearing required; arguments without merit |
| Whether the post-conviction affidavit was sufficient and timely | Affidavit supports claim of parole bargain | Affidavit untimely and insufficient under 99-39-9(1)(e) | Affidavit insufficient and time-barred; claims limited to stated assertion of parole unaware |
| Whether lack of knowledge about parole eligibility invalidates the plea | Unawareness constituted erroneous advice impacting voluntariness | Parole eligibility is not a consequence of a guilty plea; no duty to inform | Parole eligibility is a matter of legislative grace; no error found in sentencing or advice |
Key Cases Cited
- Stewart v. State, 845 So.2d 744 (Miss. Ct. App. 2003) (parole eligibility not synonymous with ill advice; no obligation to inform about parole)
- Ware v. State, 379 So.2d 904 (Miss. 1980) (parole ineligibility is not a consequence of a guilty plea)
- Washington v. State, 620 So.2d 966 (Miss. 1993) (misinformation about parole eligibility may require an evidentiary hearing in some cases)
- Brown v. State, 88 So.3d 726 (Miss. 2012) (affidavits required to support post-conviction claims)
- Cherry v. State, 24 So.3d 1048 (Miss. Ct. App. 2010) (ineffective assistance claims require supporting affidavits)