175 So. 3d 59
Miss. Ct. App.2015Background
- Boyd was charged with statutory rape of his minor daughter and pleaded guilty to 97-3-65(1)(b); he was sentenced to 25 years.
- PCR motion 1 (3/27/2012) asserted ineffective assistance and involuntary plea; denied 7/18/2012.
- PCR motion 2 (5/10/2013) asserted new evidence and an intervening Supreme Court decision; trial court dismissed as successive writ on 6/13/2013.
- Appellate court affirmed the circuit court’s dismissal as a successive writ; issue framed around procedural bar and exceptions.
- Mississippi Supreme Court later treated the forme as timely for purposes of form, but did not alter the outcome; Boyd appeals in forma pauperis.
- Plea record showed Boyd admitted to intercourse with a child under 14 and acknowledged consequences; indictment dated January 2010; pregnancy timing used toValidate date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether successive PCR barred, with exceptions applicable | Boyd relies on exceptions for intervening decision or new evidence | State contends no applicable exception exists | No exception shown; dismissal affirmed |
| Whether indictment date or statute violated double jeopardy | Indictment charged wrong date/stature | Indictment date supported by record; no double jeopardy violation | No fundamental error; plea valid under record |
| Whether plea was knowingly and voluntarily entered | New claims challenge voluntariness | Plea colloquy showed awareness of consequences | Plea knowingly and voluntarily entered |
Key Cases Cited
- Evans v. State, 115 So. 3d 879 (Miss. Ct. App. 2013) (constitutional rights alone do not trigger post-conviction exceptions)
- Stovall v. State, 873 So. 2d 1056 (Miss. Ct. App. 2004) (basis required for truth of fundamental-rights claim)
- Boone v. State, 148 So. 3d 377 (Miss. Ct. App. 2014) (second or successive PCR barred unless exceptions apply)
- Martin v. State, 138 So. 3d 267 (Miss. Ct. App. 2014) (standard for reviewing PCR factual vs. legal conclusions)
- Hughes v. State, 106 So. 3d 836 (Miss. Ct. App. 2012) (cites framework for reviewing PCR procedural bars)