Eli Orr v. State of Mississippi
229 So. 3d 727
| Miss. Ct. App. | 2017Background
- Eli Orr was indicted in 2009 for sale/transfer of cocaine and possession of a controlled substance; State later moved to charge him as a second or subsequent offender.
- Mid-trial Orr pled guilty to Count I (sale/transfer); Count II was retired to the files; he was sentenced to 35 years (30 to serve, 5 years post-release supervision).
- In 2013 Orr received a separate 3-year sentence for possession while in jail, to run consecutively.
- In January 2016 Orr filed a post-conviction relief (PCR) petition challenging the voluntariness of his plea and asserting several other claims; the circuit court denied relief after an evidentiary hearing.
- Orr appealed; the Court of Appeals reviewed factual findings for clear error and legal conclusions de novo and affirmed the denial of PCR relief.
Issues
| Issue | Orr's Argument | State's Argument | Held |
|---|---|---|---|
| Voluntariness of guilty plea | Plea coerced by threats of longer sentence, he was intoxicated, and he was required to state factual basis which he did not | Plea was knowing, voluntary, and intelligent; judge and counsel observed no intoxication; prosecutor provided factual basis | Court: Plea voluntary and informed; no coercion or involuntariness shown; factual basis satisfied by prosecutor's account |
| Statute of limitations | Charge under § 41-29-139 was time-barred | Indictment (July 23, 2009) was within two-year statute for May 7, 2008 offense | Court: Indictment timely; statute of limitations defense fails |
| Speedy trial | Delay (arrest April 2009, trial Feb 2013) violated right to speedy trial | Multiple agreed continuances and shared fault; no showing of actual prejudice; defendant did not assert right earlier | Court: Delay was presumptively prejudicial but State offered justification and no prejudice shown; no speedy-trial violation |
| Ineffective assistance of counsel | Counsel rendered deficient performance at plea | No affidavits or extra evidence; Orr affirmed satisfaction with counsel at plea; performance presumed reasonable | Court: Strickland not satisfied; no proof of deficient performance or prejudice; claim fails |
Key Cases Cited
- Wrenn v. State, 207 So. 3d 1252 (Miss. Ct. App. 2017) (standard of review for PCR factual findings)
- Myers v. State, 583 So. 2d 174 (Miss. 1991) (guilty plea must be voluntary and intelligent)
- Alexander v. State, 605 So. 2d 1170 (Miss. 1992) (defendant must be advised of nature of charge and consequences for plea)
- Corley v. State, 585 So. 2d 765 (Miss. 1991) (factual basis for plea may be established in various ways)
- DeLoach v. State, 722 So. 2d 512 (Miss. 1998) (State bears burden to justify delay once presumptively prejudicial)
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (four-factor speedy trial balancing test)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)