286 So.3d 668
Miss. Ct. App.2019Background
- In 1981 Turner pled guilty to aggravated assault (8-year sentence) and was released on shock probation; in 1983 he was convicted of burglary and later served concurrent sentences, discharged in 1989.
- In 2002 Turner was indicted for manufacturing and possession of meth; a jury convicted him and, in 2004, he received life imprisonment as a habitual offender based on the 1981 and 1983 priors.
- Turner filed multiple PCR motions over the years; several were denied. On January 18, 2018 he filed another PCR seeking to vacate the 1981 guilty plea to undermine his habitual-offender status.
- The Oktibbeha County Circuit Court dismissed the 2018 PCR on February 5, 2018; the Mississippi Supreme Court denied Turner’s application as untimely and successive and found the claims meritless.
- Turner appealed the circuit court’s dismissal, arguing the 1981 plea lacked a factual basis and that counsel was ineffective.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness under UPCCRA | Turner: PCR to vacate 1981 plea is timely or exception applies | State: Motion is barred by §99-39-5 three-year limit (plea entered 1981) | Dismissal affirmed as time-barred; no exception shown |
| Factual basis for 1981 guilty plea | Turner: Circuit court lacked factual basis to accept guilty plea; plea should be withdrawn/vacated | State: Record (plea colloquy/admissions) supplies factual basis | No merit — plea was knowingly and voluntarily entered; factual basis satisfied |
| Ineffective assistance of counsel | Turner: Counsel was ineffective re: 1981 plea, which taints habitual status | State: Allegations unsupported; Turner fails to show prejudice or a reasonable probability he would have gone to trial | Claim time-barred and without merit; no reasonable probability of different outcome |
Key Cases Cited
- Turner v. State, 945 So. 2d 992 (Miss. Ct. App. 2007) (direct appeal of convictions and remand on evidentiary issue)
- Ware v. State, 258 So. 3d 315 (Miss. Ct. App. 2018) (standard of review for PCR dismissal)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (constitutional errors may excuse procedural bars)
- Hannah v. State, 943 So. 2d 20 (Miss. 2006) (prejudice standard for ineffective-assistance claims in plea cases)
- Williams v. State, 110 So. 3d 840 (Miss. Ct. App. 2013) (sources establishing factual basis for guilty plea)
- Campbell v. State, 194 So. 3d 204 (Miss. Ct. App. 2016) (burden to show exception to UPCCRA time bar)
- Jackson v. State, 67 So. 3d 725 (Miss. 2011) (treatment of pre-UPCCRA convictions and filing deadlines)