McCray v. State, 107 So. 3d 1042

McCray, charged in Wilkinson County Circuit Court as an habitual offender with murder, robbery, and felon-in-possession of a firearm, accepted an open plea that reduced charges to manslaughter and robbery with no State sentencing recommendation; he was sentenced to 15 and 20 years respectively, to run consecutively to each other and to a prior crime sentence.
McCray filed a post-conviction relief (PCR) motion alleging ineffective assistance of counsel and a defective indictment; the circuit court dismissed the motion without an evidentiary hearing.
PCR standard: summary dismissal allowed if no relief is due on face of motion; appellate review is de novo on questions of law and clear error review on factual findings.
McCray argued the indictment was defective for lack of signature by grand jury foreman or circuit clerk; he attached a copy signed only by the district attorney.
On appeal, the court found the indictment issue procedurally barred for failing to raise the defect in the circuit court and, alternatively, found no merit in the defect given the certified copy in the record.
The court held that McCray’s ineffective-assistance claims were unsupported, noting the record includes sworn plea admissions and that bare affidavits cannot establish Strickland prongs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Indictment signed by proper official	McCray asserting defective indictment due to lack of signature	McCray argued indictment defect unaddressed	Procedurally barred; no merit on record evidence
Ineffective assistance of counsel	Counsel failed to investigate and induced guilty plea	Record shows plea admission and no promises; claims lack detail	Claims meritless; record precludes relief

Wilson v. State, 904 So.2d 987 (Miss. 2004) (trial judge cannot be error on unpresented matter)
McCullough v. State, 47 So.3d 1206 (Miss. Ct. App. 2010) (record cannot be supplemented by brief binding)
Vielee v. State, 653 So.2d 920 (Miss. 1995) (PCR movant may not rely solely on self-serving affidavit)
Gable v. State, 748 So.2d 703 (Miss. 1999) (affidavit contradicted by documentary evidence may negate need for hearing)
Callins v. State, 975 So.2d 219 (Miss. 2008) (standard for factual review on PCR is clear error; de novo for law)
Young v. State, 731 So.2d 1120 (Miss. 1999) (required showing for PCR rights and procedural alive)
Coleman v. State, 979 So.2d 731 (Miss. Ct. App. 2008) (two-prong Strickland test; specific detail required)
Brooks v. State, 573 So.2d 1350 (Miss. 1990) (two-prong standard; burden on petitioner)
McQuarter v. State, 574 So.2d 685 (Miss. 1990) (burden of proof for Strickland on PCR)
Hannah v. State, 943 So.2d 20 (Miss. 2006) (concerning reasonable probability in plea context)