Keif Lamont Jones v. State of Mississippi
203 So. 3d 657
| Miss. Ct. App. | 2016Background
- Keif Lamont Jones was indicted in March 2011 for unlawful possession of a firearm by a convicted felon and alleged to be a habitual offender.
- Jones pled guilty as a habitual offender on August 24, 2011 and was sentenced to 10 years without parole.
- On September 24, 2015, Jones filed a motion for postconviction relief (PCR) raising: a defective indictment, plain error in accepting his plea, and ineffective assistance of counsel; the circuit court dismissed the PCR as time-barred and found the claims meritless.
- Jones appealed and contended the record was incomplete (missing witness statements, police reports, lab reports, and a firearm photo), claiming denial of a meaningful appeal and lack of factual basis for his plea.
- The Court of Appeals reviewed dismissal for PCR (factual findings for clear error; legal questions de novo) and affirmed the circuit court judgment dismissing the PCR.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indictment defective (failure to specify firearm type) | The indictment failed to allege an essential element: the specific type of firearm possessed. | Section 97-37-5(1) prohibits possession of any firearm; naming type is not an element. | Indictment valid; listing firearm type is not required. |
| Plain error in accepting plea | Because the indictment was defective, the court committed plain error by accepting the plea. | No defect existed, so no plain error could occur. | No plain error; claim fails. |
| Ineffective assistance of counsel (failure to object to indictment) | Counsel was deficient for not objecting to the allegedly defective indictment. | Counsel’s failure to object was not deficient because the indictment was not defective. | Claim fails under Strickland; no deficiency, no prejudice. |
| Denial of meaningful appeal / incomplete record | Missing discovery items and exhibits left the record without a factual basis for the plea, denying a meaningful appeal. | Appellate record properly excludes discovery; the plea hearing transcript contained a sufficient factual basis; omission caused no demonstrable prejudice. | No denial of meaningful appeal; record contained adequate factual basis; no reversible error. |
Key Cases Cited
- Cummings v. State, 130 So. 3d 129 (Miss. Ct. App. 2013) (standard of review for PCR dismissal)
- Smith v. State, 118 So. 3d 180 (Miss. Ct. App. 2013) (constitutional errors may overcome procedural bars if supported)
- Ross v. State, 87 So. 3d 1080 (Miss. Ct. App. 2012) (time-bar waiver requires some basis for truth of claim)
- Thomas v. State, 126 So. 3d 877 (Miss. 2013) (indictment must allege specific weapon types when statute enumerates prohibited items)
- Estes v. State, 782 So. 2d 1244 (Miss. Ct. App. 2000) (type of firearm need not be listed as an element in an indictment under §97-37-5)
- Nunnery v. State, 126 So. 3d 105 (Miss. Ct. App. 2013) (plain-error standard)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance test)
- Bass v. State, 174 So. 3d 883 (Miss. Ct. App. 2015) (issues not raised in PCR cannot be raised first on appeal)
- Fluker v. State, 17 So. 3d 181 (Miss. Ct. App. 2009) (same)
- Stapleton v. State, 790 So. 2d 897 (Miss. Ct. App. 2001) (incomplete trial record alone is not reversible error; must show prejudice)