Elroy Kennedy v. State of Mississippi
179 So. 3d 82
| Miss. Ct. App. | 2015Background
- Kennedy pled guilty in July 2009 to statutory rape of a child under fourteen and was sentenced to 25 years.
- In April 2012, Kennedy filed a PCR alleging indictment falsified and ineffective counsel; appellate court affirmed denial.
- In April 2014, Kennedy filed a second PCR raising similar claims; trial court denied as time-barred and successive.
- Kennedy argues indictment defect and ineffective assistance; argues newly discovered evidence and fundamental rights.
- The court holds the PCR motion is time-barred under Miss. Code § 99-39-5(2) and barred as successive under § 99-39-23(6).
- Kennedy’s claims fail on merits; guilty plea waives non-jurisdictional defects and no fundamental-rights survive to overcome procedural bars.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kennedy’s PCR is timely or barred as successive. | Kennedy contends exceptions apply. | State argues time-bar and succession apply. | PCR time-barred and successive; no exception applies. |
Key Cases Cited
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (fundamental rights survive certain PCR bars)
- Grayson v. State, 118 So. 3d 118 (Miss. 2013) (fundamental right to effective post-conviction counsel in death cases)
- Boyd v. State, 155 So.3d 914 (Miss. Ct. App. 2014) (identifying four fundamental rights surviving PCR bars)
- McClurg v. State, 758 So.2d 473 (Miss. Ct. App. 2000) (guilty plea admits all elements; non-jurisdictional defects waived)
- McCollum v. State, 81 So.3d 1191 (Miss. Ct. App. 2012) ( Strickland standard for ineffective assistance)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- Deloach v. State, 937 So.2d 1010 (Miss. Ct. App. 2006) (procedural bars to PCR)