245 So. 3d 534
Miss. Ct. App.2017Background
- Jake Bias pleaded guilty to statutory rape for sexual intercourse with a three-year-old (J.B.) and was sentenced to 20 years (15 to serve), required to register as a sex offender, and ordered to have no contact with the victim.
- Medical exam weeks after reported symptoms showed J.B. positive for chlamydia and gonorrhea; records noted no tearing and an intact hymen; Child Advocacy Center report was inconclusive.
- Bias admitted during investigation and at the plea hearing to having a venereal disease and ultimately admitted the acts in open court.
- Bias filed a post-conviction relief (PCR) motion claiming ineffective assistance of counsel, that his confession conflicted with physical evidence, and that he was entitled to an evidentiary hearing; the trial court summarily denied the PCR motion.
- The appellate record was incomplete regarding portions of Bias’s PCR motion; the Court of Appeals proceeded based on the record before it and declined to address issues not shown to have been presented to the trial court.
Issues
| Issue | Plaintiff's Argument (Bias) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Counsel failed to note/tell him he did not test positive for STDs; failed to show confession contradicted physical evidence; failed to raise other possible perpetrators | Bias pleaded guilty, admitted satisfaction with counsel; plea waived most ineffective-assistance claims; State relied on Bias’s admissions and factual basis | Denied. Guilty plea waived these claims; no showing of prejudice under Strickland; claims without merit or procedurally barred |
| Confession contradicted physical evidence | Medical records (intact hymen, no tearing) and inconclusive Child Advocacy Center report show inconsistency with confession, suggesting false confession | Physical findings can heal; slight penetration sufficient; case law holds intact hymen is not conclusive; Bias admitted acts; State had videotaped admission | Not addressed on merits due to incomplete record and procedural bar; alternatively, meritless given plea and controlling caselaw |
| Exposure to other men as alternative source | Child may have had contact with others who infected her; counsel failed to investigate/raise this | Record contains no evidence supporting exposure to other men; plea and admissions undermine this theory | Denied — no evidence in record to support claim |
| Entitlement to evidentiary hearing on PCR | Conflicts and inconclusive medical reports require hearing to test innocence claims | Plea-hearing transcript contains admissions establishing factual basis; no relief warranted from record | Denied — no hearing required where plea record shows petitioner not entitled to relief |
Key Cases Cited
- Chapman v. State, 167 So. 3d 1170 (Miss. 2015) (standard of review for PCR denials)
- Rigdon v. State, 126 So. 3d 931 (Miss. Ct. App. 2013) (guilty plea waives ineffective-assistance claims except those affecting voluntariness)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance test)
- Deloach v. State, 937 So. 2d 1010 (Miss. Ct. App. 2006) (applying Strickland in Mississippi PCR context)
- Renfrow v. State, 202 So. 3d 633 (Miss. Ct. App. 2016) (trial strategy decisions fall within counsel discretion)
- Burrows v. State, 961 So. 2d 701 (Miss. 2007) (even slight penetration satisfies penetration element)
- Poole v. State, 46 So. 3d 290 (Miss. 2010) (intact hymen is not conclusive proof of no penetration)
- Moffett v. State, 49 So. 3d 1073 (Miss. 2010) (appellate courts will not reverse for matters not presented to trial court)
- McLaurin v. State, 114 So. 3d 811 (Miss. Ct. App. 2013) (procedural bar for issues not raised in PCR below)
- Bass v. State, 888 So. 2d 1187 (Miss. Ct. App. 2004) (appellant must justify errors with proper record)
- Pepper v. State, 96 So. 3d 780 (Miss. Ct. App. 2012) (no evidentiary hearing required when guilty plea record shows petitioner is not entitled to relief)