Jackson v. State
178 So. 3d 807
Miss. Ct. App.2014Background
- Jackson pled guilty to possession with intent to distribute, enhanced for firearm possession, under MS code §§41-29-139(a), 41-29-152.
- Sentence: 45 years in MDOC, running concurrently with another case, with 23 served, 22 suspended, 5 years post-release supervision.
- Jackson moved for PCR alleging involuntary plea and ineffective assistance of counsel; the circuit court summarily dismissed without evidentiary hearing.
- Affidavits from Jackson and his wife claimed counsel gave erroneous information that parole would be available.
- Trial court record showed plea hearing where Jackson acknowledged understanding of potential sentence; no evidentiary hearing was held.
- On appeal, the Mississippi Supreme Court reversed, remanding for an evidentiary hearing on the PCR claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did counsel's erroneous parole advice render the plea involuntary? | Jackson argues the advice misled him about parole eligibility. | State argues parole eligibility is not a consequence of a guilty plea and misinstruction may not void voluntariness. | Remand for evidentiary hearing on voluntariness due to alleged erroneous parole advice. |
| Is an evidentiary hearing warranted based on the affidavits alleging erroneous advice? | Affidavits corroborate misadvice undermining informed consent. | Record lacks explicit parol-related discussion; no hearing necessary if record shows understanding. | Yes, evidentiary hearing warranted to explore merits. |
| Did the alleged counsel error also amount to ineffective assistance of counsel under Strickland? | Erroneous advice undermines performance and prejudices outcome; would not have pled guilty. | Must show deficient performance and prejudice; the plea record shows understanding. | Evidentiary hearing appropriate to assess prejudice and efficacy of counsel. |
Key Cases Cited
- Readus v. State, 837 So.2d 209 (Miss.Ct.App.2008) (voluntariness depends on informed consent)
- Myers v. State, 583 So.2d 174 (Miss.1991) (minimum/maximum understanding required for voluntariness)
- Washington v. State, 620 So.2d 966 (Miss.1993) (misinformation on parole eligibility may trigger relief)
- Stewart v. State, 845 So.2d 744 (Miss.Ct.App.2008) (parole information not always required at plea)
- Thomas v. State, 881 So.2d 912 (Miss.Ct.App.2004) (entitled to hearing when counsel's parole advice was misleading)
- Collier v. State, 112 So.3d 1088 (Miss.Ct.App.2013) (parole eligibility is not a plea consequence; lack of discussion in plea can matter)
- Sylvester v. State, 113 So.3d 618 (Miss.Ct.App.2013) (evidentiary hearing warranted when affidavits corroborate erroneous advice as to earned time)
- Deloach v. State, 937 So.2d 1010 (Miss.Ct.App.2006) (ineffective assistance analysis requires proof of prejudice)
- Gable v. State, 748 So.2d 708 (Miss.2000) (hearing may be unnecessary where record contradicts movant's affidavit)