Martin v. State
2011 Miss. App. LEXIS 404
| Miss. Ct. App. | 2011Background
- Martin's PCR petition was denied; he appeals alleging lack of jurisdiction to accept his guilty plea, illegal sentence, improper Rule 59(e) denial, and ineffective assistance of counsel.
- Indictment charged burglary, conspiracy to burglary, grand larceny, and felon in possession, with habitual-offender allegations; Martin pled guilty to burglary (2006) without habitual offender status.
- 2008 PCR petition denied; 2009 appellate affirmation of denial of first PCR; 2010 denial of Rule 59(e) motion as successive writ under Miss. Code Ann. § 99-39-23(6).
- Circuit court held the current PCR petition was successive and procedurally barred; Martin appealed.
- Mississippi Supreme Court affirming denial holds indictment was sufficient, plea valid, and no ineffective-assistance error proven; issues lack merit.
- Court disposition: affirm circuit court’s denial of PCR; costs taxed to Tate County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to accept guilty plea | Martin argues indictment failed to allege the specific burglary crime. | State asserts indictment, read as a whole, sufficiently describes the charge. | Indictment sufficient; plea valid; circuit court had jurisdiction. |
| Illegal sentence | Sentence allegedly illegal because of same jurisdictional concerns. | No merit; indictment supports burglary conviction and plea. | No merit; sentence legal. |
| Denial of Rule 59(e) motion | Denial premised on alleged indictment deficiency. | Rule 59(e) challenge to PCR denial lacks merit. | No merit; Rule 59(e) properly denied. |
| Ineffective assistance of counsel | Counsel ineffective for not objecting to indictment and for investigatory failures. | Indictment valid; successive-petition bar on additional ineffectiveness claims. | No merit; claims barred as successive writ; no ineffective-assistance proven. |
Key Cases Cited
- Sanderson v. State, 883 So.2d 558 (Miss. 2004) (indictment read as a whole conveys fair notice of charge)
- Farris v. State, 764 So.2d 411 (Miss. 2000) (indictment sufficiency test applied)
- Martin v. State, 20 So.3d 734 (Miss.Ct.App.2009) (prior PCR decision; discussion on successive writ)