256 So. 3d 632
Miss. Ct. App.2018Background
- Reeves was charged with murder (later prosecuted as second-degree murder), first-degree arson, and possession of a weapon by a convicted felon for events of July 9, 2012.
- Dr. W. Criss Lott evaluated Reeves and concluded Reeves was competent to stand trial and knew the nature/quality of his actions and the difference between right and wrong.
- Reeves pled guilty to second-degree murder, first-degree arson, and felon-in-possession after signing a waiver of indictment and pleading guilty in open court; he provided a factual admission at the plea hearing.
- Reeves was sentenced to concurrent terms (forty years with fifteen suspended and five years post-release supervision for murder; fifteen years for arson; ten years for felon-in-possession).
- Reeves filed a motion for post-conviction collateral relief (PCCR) asserting due-process violations, ineffective assistance of counsel, lack of service of indictment/capias, improper retroactive application of the second-degree murder statute (ex post facto), and absence of a court reporter; the PCCR was dismissed and Reeves appealed.
Issues
| Issue | Plaintiff's Argument (Reeves) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Denial of initial appearance / preliminary hearing (Due process) | Reeves argues he never received an initial appearance or preliminary hearing. | A valid guilty plea waives those rights; record shows plea was knowing and voluntary. | Waived by valid guilty plea; claim fails. |
| Ineffective assistance of counsel | Counsel failed to challenge competency findings, was disloyal, and waived speedy-trial rights. | Counsel relied on Dr. Lott’s competency findings and personal observations; Reeves knowingly waived speedy-trial right in plea. | No deficient performance or prejudice shown; claim fails. |
| Service of indictment and capias | Reeves claims he was never served with indictment and capias. | Reeves acknowledged receipt of indictment at plea hearing; failure-to-serve claim is a waived challenge to a guilty plea. | Meritless and waived; claim fails. |
| Ex post facto application of second-degree murder statute | Reeves contends statute creating second-degree murder was enacted after the offense and cannot be applied. | Reeves knowingly waived any ex post facto objection in plea and signed waiver acknowledging the statute change and its sentencing consequences. | Waived by negotiated guilty plea; claim fails. |
| Presence of court reporter | Reeves contends no court reporter was present for competency and plea hearings, so transcripts do not exist. | Record contains transcripts; clerk’s letter referred only to PCCR proceedings, not underlying case. | Transcripts exist; claim fails. |
Key Cases Cited
- Wallace v. State, 180 So. 3d 767 (Miss. Ct. App. 2015) (standard of review for PCCR dismissal)
- Battaya v. State, 861 So. 2d 364 (Miss. Ct. App. 2003) (valid guilty plea waives preliminary proceedings)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Collins v. Youngblood, 497 U.S. 37 (U.S. 1990) (legislatures may not retroactively alter crimes or increase punishment)
- Knight v. State, 192 So. 3d 360 (Miss. Ct. App. 2016) (ex post facto claims may be waived by guilty plea)
- Watson v. State, 100 So. 3d 1034 (Miss. Ct. App. 2012) (safety of solemn in-court statements when evaluating plea voluntariness)