253 So. 3d 933
Miss. Ct. App.2018Background
- Dean C. Boyd pleaded guilty on April 26, 2011 to statutory rape of a child under 14 and was sentenced to 25 years.
- Boyd filed multiple post-conviction-relief (PCR) motions: first in 2012 (denied), second in 2013 (dismissed as successive; affirmed on appeal), and a third in 2016 (dismissed as successive/time-barred).
- The December 2016 amended PCR alleged: no factual basis for plea; defective indictment for unspecified date; trial court failed to advise of confrontation/self‑incrimination rights; and ineffective assistance of counsel.
- The circuit court dismissed the 2016 motion under the successive-writ/time-bar provisions of the Uniform Post-Conviction Collateral Relief Act.
- On appeal, Boyd conceded the motion was successive/time-barred but argued his claims fit exceptions for fundamental constitutional errors; the Court of Appeals found they did not.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Defective indictment (no date specified) | Boyd: indictment failed to specify date, so inadequate notice | State: issue previously litigated; res judicata and guilty plea waives indictment defects | Dismissed as procedurally barred; guilty plea waives the defect |
| 2. Lack of factual basis for guilty plea | Boyd: no factual basis supplied at plea hearing | State: factual basis existed via Boyd’s own admissions at plea and prior record shows sufficient evidence | Claim without merit and procedurally barred |
| 3. Trial court failed to advise of confrontation and self-incrimination rights | Boyd: omission violated fundamental constitutional rights | State: plea petition and colloquy show Boyd knowingly waived those rights | Claim without merit; waiver and plea petition preclude exception to procedural bar |
| 4. Ineffective assistance of counsel | Boyd: counsel should have objected and prevented the guilty plea | State: record shows satisfaction with counsel, prior PCR raised IAC, and no prejudice shown under Strickland standard | No ineffective assistance shown; claim barred by res judicata and procedural rules |
Key Cases Cited
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (fundamental constitutional errors may except PCR from procedural bars)
- Boyd v. State, 175 So. 3d 59 (Miss. Ct. App. 2015) (prior appeal addressing similar claims and res judicata)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance standard)
- Chapman v. State, 167 So. 3d 1170 (Miss. 2015) (extraordinary circumstances may except PCR time-bar)
- Phillips v. State, 25 So. 3d 404 (Miss. Ct. App. 2010) (guilty plea waives defects in indictment)
- Scurlock v. State, 147 So. 3d 894 (Miss. Ct. App. 2014) (knowing and voluntary plea waives multiple constitutional rights)