David Adams v. State of Mississippi
201 So. 3d 521
| Miss. Ct. App. | 2016Background
- In 2005 David Adams pleaded guilty to three counts of armed robbery and received concurrent 15-year sentences with 6 years to serve, 9 years suspended, and 5 years supervised probation.
- In Sept. 2013 MDOC petitioned to revoke Adams’s probation for failing to report and failing to pay fees and court costs; Adams signed a waiver of his right to a preliminary probation-revocation hearing.
- At the Nov. 14, 2013 revocation hearing Adams admitted the violations, stating he failed to report because of illegal drug use; the court revoked probation and ordered him to serve the remaining nine years.
- Adams filed a motion treated as a motion for postconviction relief (PCR) alleging he did not understand his rights, the court failed to inquire about nonpayment, he was denied a preliminary hearing, and his sentence was unconstitutional.
- The trial court denied PCR; the Court of Appeals affirmed, finding procedural bar but addressing merits and rejecting each claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Cognition/understanding at revocation hearing | Adams: medical issues (drug withdrawal) impaired his understanding | State: Adams offered no proof; he admitted violations and declined counsel | Court: No support for claim; waiver and admission defeat it — denied |
| Right to counsel at revocation hearing | Adams: needed attorney to understand rights | State: No automatic right; counsel required only if issues are complex; Adams declined offered counsel | Court: Issues were not complex; Adams waived counsel — denied |
| Failure to inquire about nonpayment of fines | Adams: court should have asked why he failed to pay fees/costs | State: Court did not ask, but revocation based also on failure to report | Court: No reversible error because another admitted violation justified revocation — denied |
| Denial of preliminary hearing | Adams: was not afforded a preliminary probation-revocation hearing | State: Adams signed a written waiver and suffered no prejudice | Court: Waiver valid; no prejudice shown — denied |
| Cruel and unusual / severity of sentence | Adams: revocation for technical violations made nine-year reinstatement cruel and unusual | State: At time, court had discretion to reinstate suspended sentence in full | Court: Revocation and reinstatement of suspended term were within discretion — denied |
Key Cases Cited
- Hughes v. State, 106 So. 3d 836 (Miss. Ct. App. 2012) (standard of review for PCR denials)
- Riely v. State, 562 So. 2d 1206 (Miss. 1990) (counsel at revocation hearings required when issues are complex)
- Gagnon v. Scarpelli, 411 U.S. 778 (1973) (due-process protections for probation/parole revocation proceedings)
- Sillman v. State, 8 So. 3d 256 (Miss. Ct. App. 2009) (trial court should inquire into reasons for failure to pay before revocation)
- Hubbard v. State, 919 So. 2d 1022 (Miss. Ct. App. 2005) (probationer may waive preliminary hearing; need prejudice for reversal)
- Agent v. State, 30 So. 3d 370 (Miss. Ct. App. 2010) (trial court discretion to reinstate suspended sentence upon revocation)
- Atwood v. State, 183 So. 3d 843 (Miss. 2016) (noting amendment providing graduated penalties for technical violations)