229 So. 3d 211
Miss. Ct. App.2017Background
- Lyndon B. Britain pled guilty on March 26, 2012 to possession of precursors with intent to manufacture a controlled substance and received a 20-year sentence with 19 years and 171 days suspended, leaving 194 days to serve, plus post-release supervision.
- Post-release supervision was revoked after Britain admitted committing multiple felony drug offenses; the court ordered him to serve 19 years and 171 days in MDOC custody.
- Britain filed a motion for post-conviction collateral relief (PCCR) on June 19, 2016, arguing illegal search and seizure and ineffective assistance of counsel.
- The Lauderdale County Circuit Court denied the motion as time-barred under the three-year PCCR filing rule for guilty pleas.
- Britain appealed; the Court of Appeals reviewed whether exceptions to the time bar applied and whether his constitutional claims survived his guilty plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of PCCR | Britain concedes untimely but argues Rowland exception for fundamental constitutional errors applies | State: motion filed after three-year deadline and is procedurally barred | Motion is time-barred; no exception applies because claims lack sufficient basis to overcome the bar |
| Illegal search and seizure | Search lacked probable cause and warrant; evidence was illegally obtained | State: Britain waived Fourth Amendment claim by entering a valid guilty plea | Waived — guilty plea was knowingly and voluntarily entered, which relinquished the claim |
| Ineffective assistance of counsel | Counsel failed to challenge lack of probable cause / absence of search warrant | State: counsel advised Britain; plea record shows he was satisfied; no deficient performance or prejudice shown | Denied — Britain failed to demonstrate deficient performance or prejudice under Strickland |
| Ability to overcome procedural bar with constitutional claims | Rowland exception permits claims affecting fundamental rights to bypass time bar | State: mere assertion of constitutional violation is insufficient; there must be some factual basis | Denied — no plausible basis shown to invoke Rowland exception |
Key Cases Cited
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (fundamental constitutional errors may be exempt from procedural bars)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance test: deficient performance and prejudice)
- Jones v. State, 203 So. 3d 657 (Miss. Ct. App. 2016) (mere suggestion of constitutional violation insufficient to overcome time bar)
- Burrough v. State, 9 So. 3d 368 (Miss. 2009) (requirements for a voluntary and intelligent guilty plea)
- Garcia v. State, 14 So. 3d 749 (Miss. Ct. App. 2009) (guilty plea waives certain constitutional claims including Fourth Amendment challenges)
- Liddell v. State, 7 So. 3d 217 (Miss. 2009) (applying Strickland standard in Mississippi)
- Berryhill v. State, 197 So. 3d 938 (Miss. Ct. App. 2016) (weight of solemn declarations made under oath at plea hearing)
- Kennedy v. State, 179 So. 3d 82 (Miss. Ct. App. 2015) (standard of review for PCCR denials)