202 So. 3d 220
Miss. Ct. App.2016Background
- Darrell Jenkins pleaded guilty under Alford to sexual battery of a child on the second day of trial after the victim and a taped confession had been presented to the jury.
- Circuit Court sentenced Jenkins to 25 years: 15 years to serve, 10 suspended, and 5 years post-release supervision.
- Jenkins filed a motion for post-conviction relief (PCR) arguing ineffective assistance of counsel and lack of a factual basis for his plea.
- Trial court summarily denied the PCR motion without an evidentiary hearing under Miss. Code Ann. § 99-39-11(2).
- On appeal, the Court of Appeals reviewed legal questions de novo and factual findings for clear error, and affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance — failure to notify State of intent to impeach victim | Jenkins: counsel failed to give impeachment notice, harming defense | State: tactical decisions about motions are trial strategy; no affidavits/evidence showing deficiency | Rejected — Jenkins failed to show deficient performance or prejudice; claim meritless |
| Ineffective assistance — failure to move to suppress confession | Jenkins: counsel should have moved to suppress his taped confession | State: no evidence counsel’s performance was deficient; Jenkins affirmed satisfaction with counsel at plea | Rejected — no supporting affidavits; presumption of effective counsel not overcome |
| Factual basis for plea | Jenkins: plea lacked a sufficient factual basis | State: record (victim testimony, identifying statement, assault kit, defendant’s acknowledgment) provided independent evidence | Rejected — factual basis established by victim testimony, confession, State’s proffer and defendant’s admission |
| Summary dismissal without evidentiary hearing | Jenkins: needed hearing to resolve claims | State: record plainly shows no entitlement to relief under § 99-39-11(2) | Rejected — summary dismissal appropriate; claims procedurally and substantively fail |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (standards for ineffective assistance of counsel)
- Young v. State, 731 So. 2d 1120 (Miss. 1999) (standards for reviewing PCR dismissal)
- Gilley v. State, 748 So. 2d 123 (Miss. 1999) (presumption of effective assistance; prejudice standard)
- Porter v. State, 126 So. 3d 68 (Miss. Ct. App. 2013) (factual basis may be established by guilty plea plus independent evidence)
- Williams v. State, 110 So. 3d 840 (Miss. Ct. App. 2013) (permissible sources to establish factual basis for plea)