Gregory A. Thinnes v. State of Mississippi
196 So. 3d 204
| Miss. Ct. App. | 2016Background
- Thinnes pled guilty (Jan. 17, 2012) to manufacture of ≥1 kg marijuana; sentenced to 15 years, 12 to serve, 3 suspended, 3 years probation.
- At plea, the court conducted a colloquy and found the plea voluntary; Thinnes later filed a PCR motion claiming newly disclosed evidence and then filed an amended PCR asserting counsel misadvised him about parole eligibility.
- Thinnes says his attorneys told him he would be eligible for parole after serving one-fourth (3 years) of the 12-year term; he and seven third parties provided sworn affidavits claiming they heard that advice and that counsel called the district attorney to confirm it.
- MDOC time sheets attached to the amended motion showed parole eligibility on Jan. 16, 2015 (after 3 years); statutory law at the time made the offense parole-ineligible, though the Legislature later changed that classification.
- The circuit court denied the amended PCR without an evidentiary hearing, relying in part on plea-colloquy language that no one could guarantee parole or early release; Thinnes appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether erroneous advice about parole made the plea unknowing/involuntary | Thinnes: counsel told him he would be parole-eligible after 3 years and he relied on that in pleading guilty | State: plea colloquy warned no one can guarantee parole, rebutting claim and negating need for hearing | Court: Reversed — transcript did not refute the affidavits; remand for evidentiary hearing on voluntariness |
| Whether counsel’s incorrect parole advice constituted ineffective assistance | Thinnes: counsel’s misinformation was deficient performance that prejudiced him (would not have pled) | State: in-court assurances of satisfaction with counsel and no promises create strong presumption against ineffective assistance | Court: Reversed — sufficient corroboration to warrant an evidentiary hearing on ineffective assistance |
| Whether the circuit court properly denied an evidentiary hearing on the amended PCR | Thinnes: presented multiple third-party affidavits and documents supporting his claim, so hearing required | State: plea transcript and in-court statements negate need for hearing | Court: Reversed — third-party affidavits are enough that the plea transcript does not overwhelmingly belie the claim; hearing required |
| Effect of statutory change on parole eligibility | Thinnes: (implicit) change may bear on remedy | State: (not addressed below) | Court: Noted statutory amendment granting parole eligibility after one-fourth is now effective and remand court should address its application to PCR claims |
Key Cases Cited
- Sylvester v. State, 113 So. 3d 618 (Miss. Ct. App. 2013) (third-party affidavits can require an evidentiary hearing when plea transcript does not overwhelmingly rebut them)
- Mosley v. State, 150 So. 3d 127 (Miss. Ct. App. 2014) (erroneous information about parole can render a plea involuntary if relied upon)
- Readus v. State, 837 So. 2d 209 (Miss. Ct. App. 2003) (mistaken counsel advice about consequences may vitiate plea)
- Thomas v. State, 881 So. 2d 912 (Miss. Ct. App. 2004) (plea must be voluntary and informed; court must ensure defendant understands sentencing range)
- Fairley v. State, 834 So. 2d 704 (Miss. 2003) (erroneous parole information can entitle petitioner to relief)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance: deficient performance and prejudice)
- Carson v. State, 161 So. 3d 153 (Miss. Ct. App. 2014) (standard of review for PCR denials)
- Lackaye v. State, 166 So. 3d 560 (Miss. Ct. App. 2015) (burden on petitioner to prove involuntary plea by preponderance)
- Hughes v. State, 106 So. 3d 836 (Miss. Ct. App. 2012) (review standard cited for PCR appeals)