94 So. 3d 1173
Miss. Ct. App.2011Background
- Conwill pleaded guilty to aggravated assault on Kuebler.
- Prior indictments for burglary were nolle prosciuted and later re-indicted under different theories.
- At trial, Conwill was convicted on the April 14 burglary charge; the January 4 burglary charge was dismissed.
- Conwill was sentenced to 25 years for burglary with partial recidivism, and sentences ran concurrently with later burglary and aggravated assault terms.
- Conwill later pled guilty to aggravated assault; circuit court imposed a 20-year sentence with 17 years to serve, concurrent with the burglary sentence.
- Conwill filed a PCR motion which the circuit court denied, and the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the State's nolle prosequi and reindictment constitute misconduct? | Conwill argues the State acted improperly by nolle pros the burglary charge to reindict for aggravated assault. | State contends it had authority to nolle pros and indict for a different offense arising from the same facts; no manifest necessity required here. | State had authority; no manifest-necessity requirement applied. |
| Was Conwill's guilty plea to aggravated assault voluntary? | Coercion alleged via a coerced confession and threats to use it if he went to trial. | Plea colloquy and petition sworn statements negate coercion; no credible contrary evidence. | Plea voluntary; coerced-confession claim rejected. |
Key Cases Cited
- Payton v. State, 41 So.3d 713 (Miss.Ct.App.2009) (nolle prosequi may be entered and re-indictment pursued; no manifest necessity shown)
- Duncan v. State, 939 So.2d 772 (Miss.2006) (State may nolle pros and indict on separate offenses arising from same facts)
- Beckwith v. State, 615 So.2d 1134 (Miss.1992) (double jeopardy considerations and retrial following dismissal)
- Jones v. State, 398 So.2d 1312 (Miss.1981) (concept of manifest necessity in mistrial determinations)
- Anderson v. State, 577 So.2d 390 (Miss.1991) (sworn plea testimony carries substantial weight in voluntariness determinations)
- Wright v. State, 57 So.3d 683 (Miss.Ct.App.2011) (voluntariness of guilty plea includes coercion considerations)