Daniel Keith Singleton v. State of Mississippi
213 So. 3d 521
| Miss. Ct. App. | 2016Background
- On Sep. 29, 2013 police seized a knife from Daniel K. Singleton, a convicted felon; he was later indicted for possession of a dirk knife in violation of Miss. Code § 97-37-5(1).
- On Feb. 13, 2014 Singleton signed a plea petition and, in open court under oath, pled guilty to possession of a dirk knife and admitted the factual basis for the charge.
- The circuit court accepted the plea, adjudicated Singleton guilty, and sentenced him to ten years in MDOC (two years to serve) with five years post-release supervision.
- On Aug. 14, 2015 Singleton filed a pro se motion for post-conviction relief (PCR) claiming: the stop/search violated the Fourth Amendment; the knife was a "survival knife," not a dirk; his counsel misadvised him (ineffective assistance); and he had newly discovered evidence.
- The circuit court transcribed the plea hearing, found Singleton’s claims waived or without merit, and dismissed the PCR under Miss. Code Ann. § 99-39-11(2). Singleton appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fourth Amendment search/seizure | Stop/search was unlawful; conviction should be set aside | Guilty plea waived Fourth Amendment challenge | Waived by guilty plea; claim dismissed |
| Nature of knife (dirk vs survival) | Knife was a "survival knife," not a dirk; conviction unsupported | Singleton admitted under oath he possessed a dirk; plea waives element proof | Waived by guilty plea; admission controls |
| Ineffective assistance of counsel | Counsel misinformed him about knife type, rendering plea involuntary | Singleton affirmed satisfaction with counsel at plea; claim is unsupported affidavit-only assertion | Claim barred by plea colloquy and insufficient evidentiary support; denied |
| Newly discovered evidence / interest of justice | Discovery that knife was not a dirk warrants relief | Plea admission negates claim of undiscovered evidence; newly discovered-evidence doctrine applies only after trial | Not a basis for PCR after guilty plea; claim denied |
Key Cases Cited
- Burns v. State, 984 So. 2d 1024 (Miss. Ct. App. 2008) (guilty plea waives certain constitutional challenges including Fourth Amendment claims)
- Swift v. State, 815 So. 2d 1230 (Miss. Ct. App. 2001) (voluntary guilty plea waives requirement that prosecution prove each element)
- Summerall v. State, 41 So. 3d 729 (Miss. Ct. App. 2010) (state must prove knife classification at trial absent guilty plea)
- Pierce v. State, 115 So. 3d 869 (Miss. Ct. App. 2013) (statements of satisfaction with counsel during plea colloquy are presumptively true)
- Lindsay v. State, 720 So. 2d 182 (Miss. 1998) (ineffective-assistance claim unsupported when based only on movant's affidavit)
- Vielee v. State, 653 So. 2d 920 (Miss. 1995) (evidentiary requirements for ineffective-assistance claims)
- Smith v. State, 636 So. 2d 1220 (Miss. 1994) (requirements for a voluntary and intelligent guilty plea)
- Townes v. State, 88 So. 3d 812 (Miss. Ct. App. 2012) (newly discovered evidence doctrine does not apply when defendant pled guilty)