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326 So.3d 505
Miss. Ct. App.
2021
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Background

  • May 4, 2018 arrest after Subway employee identified Eddie Parks Jr. as the man observed exposing and fondling his penis while watching her through the restaurant window; Parks admitted the incident in interview.
  • Grand jury indicted Parks on two counts of voyeurism (Count 1: April 24 convenience-store incident; Count 2: Subway incident); Count 1 later retired to the files.
  • On October 30, 2019 Parks pleaded guilty to Count 2 as a habitual offender; court sentenced him to five years MDOC (no parole/probation) and a $1,200 fine.
  • Parks filed a PCR motion claiming ineffective assistance of counsel for failing to challenge a ‘‘defective’’ indictment, failing to investigate pretrial (and inducing a plea under duress via erroneous sentencing info), and failing to assert a speedy‑trial violation.
  • The circuit court dismissed the PCR motion without an evidentiary hearing; Parks appealed and the Court of Appeals affirmed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Defective indictment Indictment omitted that the actor was "male," failed to allege Subway was a place where occupants have reasonable expectation of privacy, and omitted time of offense Statute no longer requires male; indictment tracked statutory language and included essential elements; time not an element Counsel not ineffective for failing to object; indictment was sufficient
Failure to investigate / duress (informed plea) Counsel failed to conduct pretrial investigation and gave erroneous sentencing information that coerced an uninformed, involuntary plea PCR unsupported by affidavits or facts; plea colloquy shows Parks was informed of maximum/minimum and denied promises or threats Claim unsupported; counsel not ineffective; plea was voluntary and knowing
Speedy trial Parks was in custody ~17 months and counsel failed to assert a speedy‑trial violation A guilty plea generally waives speedy‑trial claim; plea colloquy shows waiver; agreed continuances toll the clock Parks failed to show meritorious speedy‑trial claim; counsel not ineffective

Key Cases Cited

  • Pinkney v. State, 192 So. 3d 337 (Miss. Ct. App. 2015) (trial court has wide discretion to grant or deny evidentiary hearings on PCRs)
  • Porter v. State, 271 So. 3d 731 (Miss. Ct. App. 2018) (summary dismissal of PCR permitted when movant is not entitled to relief on face of motion and record)
  • Whitehead v. State, 299 So. 3d 899 (Miss. Ct. App. 2020) (ineffective‑assistance standard for claims tied to guilty pleas requires showing counsel’s errors proximately caused the plea)
  • Shields v. State, 130 So. 3d 160 (Miss. Ct. App. 2014) (indictment need not specify statutory subsection when it contains essential elements)
  • Warren v. State, 187 So. 3d 616 (Miss. 2016) (an indictment that tracks statutory language generally suffices to inform the accused)
  • Moore v. State, 250 So. 3d 521 (Miss. Ct. App. 2018) (ineffective‑assistance claims must be pled with specificity and supported by affidavits beyond the movant’s own)
  • Ellis v. State, 773 So. 2d 412 (Miss. Ct. App. 2000) (guilty plea waives the issue of whether the defendant received a speedy trial)
  • Courtney v. State, 275 So. 3d 1032 (Miss. 2019) (agreed continuances are weighed against the defense and toll the speedy‑trial clock)
Read the full case

Case Details

Case Name: Eddie Parks, Jr. a/k/a Eddie Will Parks, Jr. a/k/a Soon v. State of Mississippi
Court Name: Court of Appeals of Mississippi
Date Published: Sep 14, 2021
Citations: 326 So.3d 505; 2020-CP-01250-COA
Docket Number: 2020-CP-01250-COA
Court Abbreviation: Miss. Ct. App.
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    Eddie Parks, Jr. a/k/a Eddie Will Parks, Jr. a/k/a Soon v. State of Mississippi, 326 So.3d 505