311 So.3d 1285
Miss. Ct. App.2021Background
- In 2014 Kevin Collins was indicted for murder, conspiracy to commit murder, aggravated assault, and possession of a firearm by a felon; in May 2015 he pled guilty to manslaughter and aggravated assault.
- Sentences: 20 years for manslaughter; 10 years (with 8 suspended, 2 to serve) for aggravated assault, consecutive; fines, restitution, and costs ordered.
- Collins filed a first PCR in March 2017 raising weight-of-evidence, insufficient factual basis, failure to advise rights, defective indictment, and ineffective assistance claims; the circuit court dismissed the motion and an appeal was dismissed as untimely.
- In August 2019 Collins filed a second PCR reasserting the same claims; the circuit court dismissed it as time-barred and successive and found procedural bars not overcome.
- Collins appealed; the Court of Appeals affirmed, holding the second PCR procedurally barred and, on the merits, finding Collins’s substantive claims waived or without merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Weight of the evidence | Collins argued convictions were against overwhelming weight (alleged inconsistency about use of "firearm" vs "handgun" and intent issues) | State argued weight challenges are waived by a guilty plea | Waived by guilty plea; claim not considered |
| Factual basis for plea | Collins contended plea lacked sufficient factual basis | State relied on prosecutor’s proffer and Collins’s admission at plea colloquy | Sufficient factual basis existed based on prosecutor’s proffer and Collins’s statements at plea hearing |
| Failure to advise constitutional rights | Collins said court did not advise him of right to counsel, cross-examination, and against self-incrimination | Transcript shows court advised Collins of those rights and Collins acknowledged waiver by plea | Record shows Collins was advised and acknowledged rights; claim without merit |
| Indictment defects | Collins claimed omissions (didn’t end with "against the peace and dignity") and wrong statutory citation | State noted form defect and minor citation error; wrong citation is surplusage and non-jurisdictional; such defects are waived by guilty plea | Concluding language was present in record; incorrect citation is non-jurisdictional and waived by plea |
| Ineffective assistance of counsel | Collins alleged counsel failed to raise issues and coerced plea | State argued underlying claims lack merit and plea-colloquy testimony refutes coercion; Strickland standard not met | Collins failed to show deficient performance or prejudice; plea testimony undermines coercion claim |
Key Cases Cited
- Pegues v. State, 214 So. 3d 1080 (Miss. Ct. App. 2017) (weight-of-evidence challenges are waived by a guilty plea)
- Tucker v. State, 294 So. 3d 690 (Miss. Ct. App. 2020) (court must determine plea is voluntary and factual basis exists; review of whole record)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (errors affecting fundamental rights may be excepted from procedural bars)
- Evans v. State, 115 So. 3d 879 (Miss. Ct. App. 2013) (mere assertion of a constitutional violation does not overcome procedural bars; there must appear to be some basis for truth)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance standard: deficient performance and prejudice)
- Walker v. State, 863 So. 2d 1 (Miss. 2003) (if underlying claims lack merit, counsel cannot be faulted for failing to raise them)
- Blackledge v. Allison, 431 U.S. 63 (U.S. 1977) (a defendant’s sworn statements at plea hearing carry a strong presumption of verity)