Madden v. State
2011 Miss. App. LEXIS 738
| Miss. Ct. App. | 2011Background
- Madden was indicted in 2002 for transfer of a controlled substance as a habitual offender and pled guilty in 2004 to a 15-year sentence.
- Madden filed three post-conviction motions: the first in 2005 (denied), the second in 2009 (denied as untimely and successive), and the third in 2010 (dismissed as untimely and successive).
- The circuit court dismissed the third motion as untimely and barred as a successive writ under section 99-39-23(6).
- Madden appealed, arguing ineffective assistance of counsel, involuntary guilty plea, and a fatally flawed indictment.
- The Mississippi Court of Appeals, applying de novo review to legal issues, affirmed the circuit court’s dismissal and held the issues waived or meritless.
- The court also found the indictment defects were waived by the guilty plea and that the third motion remained barred under both the successive-writ doctrine and the three-year time limit in section 99-39-5(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Madden’s third post-conviction relief motion is barred as an improper successive writ | Madden asserts entitlement to relief under exceptions to bar | State argues successive-writ bar applies with no applicable exception | Barred; no applicable exception found |
| Whether any exceptions to the bar apply due to fundamental rights or new, decisive authority | Fundamental-rights concerns warrant waiver of bars | No merit to invoking exceptions | No merit; exceptions not satisfied |
| Whether Madden’s ineffective-assistance and involuntary-plea claims have merit | Claims show errors in trial representation and voluntariness | Claims previously litigated and found meritless | Without merit |
| Whether the indictment defects were cured or waived by the guilty plea | Indictment flaw undermines sentence as a habitual offender | Plea waives defects in indictment except jurisdiction/essential elements | Waived; issues previously addressed and found meritless |
| Whether the third motion was timely under section 99-39-5(2) the three-year limit | Timeliness should be overlooked given rights implicated | Motion outside three-year limit; barred | Procedurally barred under three-year limit |
Key Cases Cited
- Madden v. State, 991 So.2d 1231 (Miss. Ct. App. 2008) (affirmed denial of first post-conviction relief)
- Madden v. State, 997 So.2d 924 (Miss. 2008) (certiorari denied)
- Madden v. State, 52 So.3d 411 (Miss. Ct. App. 2010) (affirmed denial of second post-conviction relief)
- Black v. State, 806 So.2d 1162 (Miss. Ct. App. 2002) (guilty plea waives most indictment defects; exceptions limited)
- Williams v. State, 872 So.2d 711 (Miss. Ct. App. 2004) (de novo standard for legal issues in post-conviction review)
- Brown v. State, 731 So.2d 595 (Miss. 1999) (standard of review for legal questions in post-conviction appeals)