McNutt v. State
71 So. 3d 1263
Miss. Ct. App.2011Background
- McNutt pleaded guilty in April 2009 to murder and felony evading arrest, receiving a life sentence for murder and five years for evasion, to run concurrently.
- In March 2010, McNutt filed a post-conviction-relief motion alleging ineffective assistance of counsel and involuntary guilty pleas; circuit court denied it on April 16, 2010.
- McNutt previously had a 2005 Alabama conviction for possession of a controlled substance and was on probation during the relevant Mississippi events.
- In October 2007, while on probation in Mississippi, McNutt evaded police, was arrested after crashing into a pole, and remained charged with felony evasion.
- On April 13, 2008, Coleman recruited McNutt for a planned robbery; McNutt joined Coleman's car armed with a .22 handgun and hid during the plan.
- McNutt confronted Jackson, demanded drugs and money, shot Jackson during the robbery attempt, Jackson died, and McNutt fled with drugs and cash; Coleman fled as well.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance claim viability | McNutt claims counsel failed to investigate and present exculpatory evidence. | State argues defense was adequate and record shows McNutt testified coherently. | Issue meritless. |
| Voluntariness of guilty pleas | Record lacks factual basis for guilty pleas; pleas not voluntary. | Record shows extensive circuit court questioning and McNutt acknowledged understanding and voluntariness. | Issue meritless. |
Key Cases Cited
- Jones v. State, 976 So. 2d 407 (Miss. Ct. App. 2008) (ineffective-assistance standard; Strickland framework)
- Ward v. State, 914 So.2d 332 (Miss. Ct. App. 2005) (presumption of adequate representation)
- Hull v. State, 983 So.2d 331 (Miss. Ct. App. 2007) (trial court presumption of adequacy)
- Burns v. State, 813 So.2d 668 (Miss. 2001) (presumption of adequacy; standards for ineffective assistance)
- Mason v. State, 42 So.3d 629 (Miss. Ct. App. 2010) (affidavits required to support IAC claims)
- Mayhan v. State, 26 So.3d 1072 (Miss. Ct. App. 2009) (supporting affidavits requirement)
- Gable v. State, 748 So.2d 703 (Miss. 1999) (weight given to statements under oath in sentencing)
- Walton v. State, 16 So.3d 66 (Miss. Ct. App. 2009) (voluntariness standard for guilty pleas)
- House v. State, 754 So.2d 1147 (Miss. 1999) (necessity to advise rights and consequences in plea colloquy)
- Burrough v. State, 9 So.3d 368 (Miss. Ct. App. 2009) (plea advisement and process considerations)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (establishes deficient-performance and prejudice prongs)