James Hilliard v. State of Mississippi
175 So. 3d 554
Miss. Ct. App.2015Background
- Hilliard appeals the Lafayette County Circuit Court’s dismissal of his postconviction-relief motion.
- A 2009 stop and search led to cocaine discovery; 2011 indictment for conspiracy to sell cocaine and possession of cocaine.
- 2012 suppression motions were denied; the State sought to amend the indictment to reflect habitual-offender status.
- July 2012, Hilliard pled guilty under a negotiated agreement, admitting prior California felonies and habitual-offender eligibility.
- The circuit court sentenced Hilliard to 17 years (13 to serve) as a habitual offender; later amended to 15 years due to a reporting issue.
- Hilliard challenged both ineffective assistance of counsel and legality of habitual-offender sentencing in his PCR motion, which the circuit court dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance—evidentiary hearing required? | Hilliard asserts error for dismissal without hearing. | State contends absence of merit; record shows no prejudice. | No evidentiary hearing required; no merit shown. |
| Habitual-offender sentencing legality? | Hilliard claims he did not admit habitual status or receive proper bifurcated proof. | State shows admission under oath and record support for habitual status. | Sentence upheld; record supports habitual-offender status. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Supreme Court 1984) (deficient performance and prejudice standard for ineffective assistance)
- Mayo v. State, 886 So. 2d 734 (Miss. Ct. App. 2004) (speedy-trial computation and timelines)
- Robinson v. State, 920 So. 2d 1009 (Miss. Ct. App. 2003) (ineffective-assistance claims possible on PCR from guilty plea)
- Hill v. State, 60 So. 3d 824 (Miss. Ct. App. 2011) (speedy-trial waiver for voluntary guilty plea)
- Wilkins v. State, 57 So. 3d 19 (Miss. Ct. App. 2010) (habitual-offender sentencing within statutory limits)
- Loden v. State, 58 So. 3d 27 (Miss. Ct. App. 2011) (Rule 11.03(3) habitual-offender proof can be established at guilty-plea)
- Small v. State, 141 So.3d 61 (Miss. Ct. App. 2014) (defendant admitted prior convictions; habitual status established)