304 So.3d 637
Miss. Ct. App.2020Background:
- Juarez Keyes pled guilty in 1983 to multiple felonies (rape, robbery, burglary, aggravated assault, escape) and was sentenced as a habitual offender.
- The sentences included multiple habitual-offender enhancements under Miss. Code Ann. § 99-19-81.
- Keyes filed multiple prior PCR motions challenging his convictions/sentences; those motions were denied on several occasions.
- In November 2017 Keyes filed a PCR motion arguing his habitual-offender indictments were invalid because they failed to identify the specific Cook County, Illinois judicial district (alleged Rule 11.03 defect).
- He also asserted ineffective assistance of counsel for failing to object to that alleged indictment defect.
- The Hinds County Circuit Court denied the PCR motion; Keyes appealed and the Court of Appeals affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of habitual-offender indictments (lack of Cook County judicial-district specificity) | Keyes: indictments invalid under Rule 11.03 for not specifying the judicial district in Cook County, Illinois. | State: claim is time-barred and successive under UPCCRA and was waived when Keyes pleaded guilty and confirmed his prior convictions at plea/sentencing. | Held: Claim barred by statutory procedural rules and waived by guilty plea; no merit shown. |
| Ineffective assistance of counsel for not objecting to indictment defect | Keyes: counsel ineffective for failing to object to the alleged indictment defect. | State: guilty plea waives ineffective-assistance claims except to extent they affect plea voluntariness; Keyes failed to show but-for causation. | Held: Waived by guilty plea; Keyes did not prove he would not have pled but for counsel’s errors; claim denied. |
Key Cases Cited
- Wells v. State, 160 So. 3d 1136 (Miss. 2015) (failure to object at trial waives challenge to habitual-offender indictment)
- Vanwey v. State, 149 So. 3d 1023 (Miss. 2014) (guilty plea waives challenges to habitual-offender status not raised at plea)
- Worth v. State, 223 So. 3d 844 (Miss. Ct. App. 2017) (guilty plea waives ineffective-assistance claims except where counsel’s performance affected voluntariness; must show but-for causation)
- Gunn v. State, 248 So. 3d 937 (Miss. Ct. App. 2018) (standards of review for PCR denials)
- Evans v. State, 115 So. 3d 879 (Miss. Ct. App. 2013) (UPCCRA bars successive PCR motions)
- Keyes v. State, 549 So. 2d 949 (Miss. 1989) (prior appellate history of appellant)