Jerry Maurice Alford v. State of Mississippi, 185 So. 3d 429

Jerry Maurice Alford was indicted for sale of approximately 0.6 grams of cocaine and pleaded guilty on November 14, 2011; he was sentenced to 30 years in the Lauderdale County Circuit Court.
Alford filed a motion for post-conviction collateral relief (PCCR) alleging a defective indictment and ineffective assistance of counsel; the circuit court denied relief and Alford appealed.
Indictment alleged Alford knowingly sold ~0.6 grams of cocaine to a confidential informant in exchange for $60 in violation of Miss. Code Ann. § 41-29-139.
Alford argued the indictment failed to allege the precise quantity, the manner of sale, and the identity of the purchaser (informant), and that counsel failed to challenge the indictment, investigate, or properly advise him.
The Court of Appeals reviewed the PCCR denial for clear error (factual) and de novo (legal) and examined whether the alleged defects were waived by the guilty plea or constituted essential elements.
The court concluded the indictment was sufficient and Alford’s ineffective-assistance claims were largely waived by his guilty plea; no involuntariness of the plea was proved.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether indictment was defective for failing to allege specific quantity of cocaine	Alford: indictment did not state the exact amount, so it was defective	State: quantity is not an essential element under the statute and need not be pleaded	Held: Not defective; quantity not required in indictment
Whether indictment was defective for failing to allege manner of sale	Alford: indictment omitted how the sale occurred	State: indictment tracked statute language (sell, barter, transfer, distribute, dispense), which is sufficient	Held: Not defective; tracking statutory language suffices
Whether indictment was defective for using “confidential informant” instead of naming buyer	Alford: identity omission renders indictment insufficient	State: identity of purchaser is not an element of the offense	Held: Not defective; identity not an essential element
Whether Alford received ineffective assistance of counsel	Alford: counsel failed to object to indictment, failed discovery/interview, and coerced plea	State: guilty plea waives such claims except those affecting voluntariness; Alford offered only affidavit and no proof of involuntariness	Held: Claims waived or unsupported; no evidence plea was involuntary

Joiner v. State, 61 So. 3d 156 (Miss. 2011) (guilty plea waives most defects in indictment except omission of essential elements and jurisdictional defects)
Fair v. State, 93 So. 3d 56 (Miss. Ct. App. 2012) (quantity of cocaine need not be alleged for sale charge because penalty is same regardless of amount)
Ludwig v. State, 147 So. 3d 360 (Miss. Ct. App. 2014) (indictment is generally sufficient if it tracks statutory language)
Jones v. State, 912 So. 2d 973 (Miss. 2005) (identity of purchaser is not an element of drug-sale offense)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance: deficient performance and prejudice)