Henderson v. State
2011 Miss. App. LEXIS 351
| Miss. Ct. App. | 2011Background
- Henderson was indicted for murder of Kayla Polk and for child abandonment after leaving the nine‑month‑old in a vehicle with Polk’s deceased body; he pleaded guilty to manslaughter (a lesser‑included offense) and to child abandonment; circuit court sentenced 20 years for manslaughter and 7 years (5 suspended, 2 to serve) for abandonment, consecutive.
- Henderson filed PCR alleging invalid guilty plea, ineffective assistance, failure to advise of direct appeal, and absence of a competency hearing; court dismissed without evidentiary hearing, affirming denial of relief.
- Standard of review allows summary dismissal where the motion facially shows no entitlement to relief; appellate court affirms if petitioner fails to demonstrate a procedurally alive claim.
- Guilty plea validity issue: Henderson argues the manslaughter plea was involuntary and unsupported by a factual basis; record shows otherwise.
- Plea colloquy and State’s proof show Henderson understood the rights and consequences, and admitted facts establishing a basis for manslaughter; Alford‑type plea acknowledged the State’s theory.
- Ineffective assistance claim: Henderson asserts counsel failed to investigate medical history and contested the testimony; record lacks evidence of deficient performance and a reasonable probability of different outcome.
- Right to direct appeal of sentence: Henderson claims a due process failure due to lack of advisement of direct appellate rights; amended statute § 99‑35‑101 bars direct appeals from guilty pleas, so issue is meritless.
- Competency hearing: Henderson argues Rule 9.06 required competency evaluation; record shows no reasonable basis to doubt competency and he denied mental illness at plea; no error in denying an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of guilty plea to manslaughter | Henderson contends plea involuntary | Court finds plea voluntary with factual basis | Plea valid; record refutes involuntariness and lack of basis |
| Ineffective assistance of counsel | Counsel failed to investigate medical history and coerced plea | No viable Strickland claim shown | No effective‑assistance claim; no evidentiary hearing required |
| Right to direct appeal of sentence | Denied right to direct appeal of sentence | Amended § 99‑35‑101 forecloses direct appeal | No direct appeal right exists; issue meritless |
| Competency to plead | Rule 9.06 required competency hearing | No reasonable grounds showing lack of competency | No error; record shows competency; no hearing required |
Key Cases Cited
- Carroll v. State, 963 So.2d 44 (Miss.Ct.App.2007) (plea validity requires voluntary, knowing, intelligent waiver and understanding of rights)
- Bradshaw v. Stumpf, 545 U.S. 175 (Sup. Ct. 2005) (plea must be voluntary with awareness of consequences)
- Burrough v. State, 9 So.3d 368 (Miss.2009) (thorough colloquy required to show understanding of rights and consequences)
- Corley v. State, 585 So.2d 765 (Miss.1991) (factual-basis requirement before accepting a plea)
- United States v. Broce, 488 U.S. 568 (Sup. Ct. 1989) (standard for establishing guilt with sufficient evidence in plea context)
- Smith v. State, 831 So.2d 590 (Miss.Ct.App.2002) (competency to plead standard identical to competency to stand trial)
- Hannah v. State, 943 So.2d 20 (Miss.2006) (Strickland standard applied to post‑conviction claims)
- Staggs v. State, 960 So.2d 563 (Miss.Ct.App.2007) (summary dismissal standard for PCR where no viable claim)
- Flowers v. State, 978 So.2d 1281 (Miss.Ct.App.2008) (procedural alive claim required; conclusory assertions insufficient)
- North Carolina v. Alford, 400 U.S. 25 (Sup. Ct. 1970) (Alford best-interest plea recognized)