David Yates v. State of Mississippi
226 So. 3d 614
Miss. Ct. App.2017Background
- David Yates pleaded open guilty to one count of sexual battery of a child <14 and one count of fondling a child <16; sentenced to life plus 15 years consecutively.
- Yates filed a pro se post-conviction relief (PCR) motion claiming ineffective assistance of counsel, an involuntary plea, and lack of proof of the victim’s age; he submitted several affidavits from himself and family members.
- An evidentiary hearing was held; defense counsel Oby Rogers and Yates testified; counsel denied promising a lighter sentence and testified the State’s case was strong.
- The plea petition and in-court plea colloquy showed Yates was advised of charges, rights, and maximum consecutive penalties and that his plea was voluntary and informed.
- The PCR court denied relief; Yates appealed. The Court of Appeals affirmed, finding Yates’s affidavits contradicted his sworn plea and hearing testimony and that his claims were waived or unsupported.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Yates: counsel advised him to plead open to avoid life; counsel failed to investigate witnesses/alibi | State/Rogers: counsel advised based on strong evidence; no recall of alibi witnesses; no promises of a lighter sentence | Denied — counsel not shown deficient; affidavits contradicted plea petition and sworn testimony; Strickland not met |
| Involuntary guilty plea | Yates: plea induced by counsel’s erroneous advice and fear of life sentence | State: plea was knowingly, voluntarily, intelligently entered; court corrected any misconceptions at colloquy | Denied — plea was voluntary and informed; sworn statements in court carry presumption of verity |
| Failure to prove victim’s age | Yates: prosecution never introduced a birth certificate or sworn proof of age | State: at plea hearing prosecutor offered proof the victim was under statutory age; Yates did not contest | Denied — claim waived by guilty plea; plea operates as waiver of elements challenge |
| (Procedural standard) Standard of review for PCR denial | Yates sought relief after evidentiary hearing | State: factual findings reviewed for clear error; legal questions de novo | Court applied clear-error for facts and de novo for law; affirmed PCR denial |
Key Cases Cited
- Doss v. State, 19 So. 3d 690 (Miss. 2009) (standard for reviewing PCR factual findings)
- Davis v. State, 980 So. 2d 951 (Miss. Ct. App. 2007) (standard of review for PCR appeals)
- Williams v. State, 110 So. 3d 840 (Miss. Ct. App. 2013) (Strickland standard applied to guilty-plea context)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance test)
- McCollum v. State, 81 So. 3d 1191 (Miss. Ct. App. 2012) (prejudice standard where counsel’s error leads to guilty plea)
- Larry v. State, 129 So. 3d 263 (Miss. Ct. App. 2013) (court may rely on plea-colloquy over contradictory post-hoc assertions)
- Thomas v. State, 159 So. 3d 1212 (Miss. Ct. App. 2015) (statements made under oath in court carry strong presumption of verity)
- Garrett v. State, 110 So. 3d 790 (Miss. Ct. App. 2012) (guilty plea waives right to insist prosecution prove each element)
- Jefferson v. State, 556 So. 2d 1016 (Miss. 1989) (guilty plea effect on waiver of elements)