276 So.3d 1201
Miss. Ct. App.2018Background
- Payton pleaded guilty to one count of armed robbery on November 17, 2009, as part of a plea agreement; he was sentenced to 25 years. Two other counts were remanded and habitual-offender allegations were dropped.
- Payton filed multiple post-trial motions; all were denied. He filed a PCR motion on March 16, 2016, alleging ineffective assistance of counsel because counsel failed to convey a ten-year plea offer from the prosecutor.
- Payton attached only his own affidavit to the PCR motion; the trial court denied the motion as time-barred under the three-year statute for PCR and for failure to attach required supporting affidavits.
- On appeal Payton submitted two additional affidavits (his later affidavit and one from Kimberly Turner) alleging the prosecutor told others about a ten-year offer; those affidavits were not in the trial-court record and were not before the trial court.
- The trial court’s dismissal was affirmed: the court found Payton’s PCR untimely, that he failed to meet pleading requirements by not attaching independent affidavits or showing good cause for their absence, and that the new affidavits could not be considered on appeal.
Issues
| Issue | Payton | State | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to convey a 10-year plea offer | Counsel failed to inform Payton of the 10‑year offer, causing prejudice | No proof counsel failed to communicate; claim is procedurally barred | Denied — claim time‑barred and unsupported by required affidavits |
| Whether Frye/Lafler/Padilla create an exception to the PCR time bar | Frye/Lafler/Padilla permit late PCR for uncommunicated plea offers or advice errors | These decisions do not render Payton’s untimely, unsupported claim timely | Denied — case remains time‑barred despite those precedents |
| Whether the PCR was sufficiently supported by affidavits under § 99‑39‑9 | Payton’s own affidavit suffices to raise the claim | Statute requires affidavits of other witnesses or good‑cause showing for their absence | Denied — single self‑affidavit insufficient without good cause |
| Whether appellate court may consider affidavits not presented to the trial court | New affidavits prove prosecutor mentioned the plea offer and excuse delay | Affidavits were not in the trial‑court record and no good‑cause shown; cannot be considered | Denied — appellate court will not consider matters outside the record |
Key Cases Cited
- Missouri v. Frye, 566 U.S. 134 (failure to communicate plea offer can constitute attorney deficiency)
- Lafler v. Cooper, 566 U.S. 156 (prejudice may be shown if competent advice would have led to a different plea outcome)
- Padilla v. Kentucky, 559 U.S. 356 (counsel must advise regarding significant collateral consequences of a plea)
- Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance: deficiency and prejudice)
- Edwards v. State, 995 So. 2d 824 (Miss. Ct. App. 2008) (PCR motions relying only on the petitioner’s affidavit fail pleading requirements)
- Blount v. State, 126 So. 3d 927 (Miss. Ct. App. 2013) (statutory exceptions to PCR time bar; procedural bars inapplicable to fundamental constitutional errors)