172 So. 3d 803
Miss. Ct. App.2013Background
- Dobbins pleaded guilty to armed robbery and was sentenced to eight years in MDOC with ten years post-release supervision.
- He filed a post-conviction-relief motion that the trial court dismissed.
- Dobbins appeals claiming ineffective assistance of trial counsel and failure to advise him of the right to appeal.
- The court applies Strickland v. Washington for ineffective assistance and Deloach v. State for plea-related prejudice.
- Mississippi Code § 99-35-101 bars direct appeal when a guilty plea results in sentence, as amended in 2008; the court confirms the procedural posture and affirms the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was counsel ineffective for plea to armed robbery due to indictment issues? | Dobbins alleges indictment failed to charge armed robbery. | Dobbins contends indictment defect prejudiced plea. | No, indictment tracking statute sufficed; counsel not ineffective. |
| Did the trial court err in failing to advise of right to direct appeal? | Dobbins asserts right to appeal despite guilty plea. | Section 99-35-101 prohibits direct appeal after guilty plea and sentence. | No, statute applied; no direct appeal allowed. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (standard for ineffective assistance of counsel; prejudice and deficiency must be shown)
- Deloach v. State, 937 So.2d 1010 (Miss. Ct. App. 2006) (plea-based ineffective-assistance framework)
- Joiner v. State, 61 So.3d 156 (Miss. 2011) (indictment language tracks statute is generally sufficient)
- Kincaid v. State, 711 So.2d 873 (Miss. 1998) (substantive defect if indictment fails to charge crime/element)
- Ford v. State, 911 So.2d 1007 (Miss. Ct. App. 2005) (tracking language of statute suffices for notice)
- Small v. State, 81 So.3d 1179 (Miss. Ct. App. 2011) (pre-2008 amendment context of direct appeal rights)