Kenneth Blake Watkins v. State of Mississippi
170 So. 3d 582
| Miss. Ct. App. | 2014Background
- Watkins pleaded guilty in 2010 to sexual battery and felony child abuse during a trial for raping a sixteen-month-old girl; plea was entered after his counsel advised it due to the State’s graphic evidence and risk of life imprisonment, with a capped plea; the circuit court accepted the pleas and sentenced him to 20 years for sexual battery and 10 years post-release supervision for the child abuse count; Watkins later sought PCR alleging involuntariness and newly discovered evidence; at PCR, trial testimony supported voluntariness and credibility determinations favored the defense, and the circuit court denied relief; Watkins appealed the PCR denial; the court reviews trial court findings of fact for clear error and law de novo; the Court affirms.
- The State’s evidence included DNA testimony linking Watkins to the diaper containing semen; the indictment and plea colloquy established a sufficient factual basis for the pleas.
- Watkins argued his pleas were involuntary due to coercion by his attorney and family, and that newly discovered evidence would vacate the pleas.
- The court held there was no clear error in finding voluntariness and there was a sufficient factual basis for the pleas, and it affirmed the denial of PCR.
- Watkins claimed newly discovered evidence showed another male was present at the home; the trial court credited Tiffany’s denial of such statements and Mary’s testimony lacked firsthand proof; the court found no error in rejecting the new-evidence claim.
- The court concluded the circuit court did not clearly err in denying relief on the newly discovered evidence ground.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness of the guilty pleas | Watkins asserts coercion by counsel and family. | Plea voluntary; proper plea colloquy. | Plea voluntary; PCR denied on voluntariness. |
| Factual basis for the pleas | Insufficient factual basis for the plea. | Factual basis established by indictment, testimony, and admissions. | Sufficient factual basis established; PCR affirmed. |
| Newly discovered evidence | New evidence shows another man present; mandates vacating pleas. | No credible firsthand evidence of another man present. | No error; newly discovered evidence claim rejected. |
Key Cases Cited
- Wilkerson v. State, 89 So. 3d 610 (Miss. Ct. App. 2011) (standard for reviewing PCR findings of fact and law de novo)
- House v. State, 754 So. 2d 1147 (Miss. 1999) (burden on movant to prove involuntariness of a guilty plea)
- Mississippi v. Frye, 132 S. Ct. 1399 (2012) (duty to communicate favorable plea offers to defendants)
- Brasington v. State, 760 So. 2d 18 (Miss. Ct. App. 1999) (persuasion to plead guilty not per se involuntary)
- Mayhan v. State, 26 So. 3d 1072 (Miss. Ct. App. 2009) (trial court credibility determinations favored by appellate review)
- Loden v. State, 971 So. 2d 548 (Miss. 2007) (credibility determinations are for the trial court)