Kennedy v. State
118 So. 3d 684
| Miss. Ct. App. | 2013Background
- Kennedy was indicted on July 22, 2009, by a Choctaw County grand jury for statutory rape of a child under fourteen.
- Kennedy pleaded guilty to the charge and received a 25-year sentence in the Mississippi Department of Corrections.
- On April 26, 2012, Kennedy filed a petition for post-conviction relief in the Choctaw County Circuit Court, which denied relief.
- Kennedy appealed the circuit court’s denial of his post-conviction relief petition.
- The standard of review requires de novo review of legal conclusions and clear error review of factual findings.
- Kennedy argued that (a) there was no grand-jury indictment, (b) the indictment lacked the foreman’s affidavit, (c) the guilty plea was involuntary, and (d) counsel was ineffective.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indictment validity and plea effect | Kennedy contends no valid grand-jury indictment and defective indictment. | Kennedy argues defects undermine voluntariness of plea and jurisdiction. | Indictment defects waived by valid plea; voluntary plea shown. |
| Foreman's affidavit absence in indictment | Indictment defect due to missing foreman’s affidavit. | Foreman’s affidavit missing renders indictment defective. | Waived defects not cured by plea; issue without merit. |
| Voluntariness of guilty plea | Defects in indictment would have changed plea otherwise. | Plea was voluntary; advised of charges and rights; admitted guilt. | Plea voluntary; records support knowing waiver of rights. |
| Ineffective assistance of counsel | Counsel failed to object to indictment defects. | No counsel deficiency shown; trial hearing reflects voluntariness. | No deficient performance shown; no prejudice. |
Key Cases Cited
- McClurg v. State, 758 So.2d 473 (Miss.Ct.App.2000) (guilty plea waives non-jurisdictional defects in indictment)
- Jefferson v. State, 556 So.2d 1016 (Miss.1989) (plea does not waive jurisdictional issues or failure to charge an offense)
- Hill v. State, 60 So.3d 824 (Miss.Ct.App.2011) (voluntariness requires advisement of charge and consequences of plea)
- Mowdy v. State, 638 So.2d 738 (Miss.1994) (solemn open-court declarations carry a presumption of truth)
- Doss v. State, 19 So.3d 690 (Miss.2009) (standard of review for post-conviction relief)
- Bates v. State, 879 So.2d 519 (Miss.Ct.App.2004) (new issues not raised in trial court may not be raised on appeal)