250 So. 3d 521
Miss. Ct. App.2018Background
- In 2011 Michael Bernard Moore pled guilty in Harrison County to statutory rape and was sentenced to 30 years (10 suspended; 20 to serve) plus 5 years post-release supervision and a $2,000 fine; he also was ordered to register as a sex offender and have no contact with the victim.
- Moore filed a post-conviction relief (PCR) motion in July 2016 raising defects in the indictment/jurisdiction, ineffective assistance of counsel (promised lenient sentence), lack of capacity to plead, and double jeopardy.
- The trial court summarily dismissed the PCR motion as time-barred under the three-year statute for guilty-plea PCRs and found no exception applied; no evidentiary hearing was held.
- Moore appealed contending lack of jurisdiction, ineffective assistance, involuntary plea due to mental incompetency, and that the court erred by dismissing without an evidentiary hearing.
- The Court of Appeals reviewed the record, including Moore’s sworn plea colloquy and written plea petition, and affirmed the dismissal, finding Moore’s new assertions contradicted his sworn statements and lacked supporting affidavits.
Issues
| Issue | Moore's Argument | State's Argument | Held |
|---|---|---|---|
| Jurisdiction to accept guilty plea | Alleged crime occurred in Biloxi (Second District), not Gulfport (First District), so circuit lacked jurisdiction | Moore’s plea and petition swore the offense occurred in Gulfport; unsworn victim statement not in record or admissible | Court held plea admissions control; Moore failed to supply required affidavits; claim denied |
| Ineffective assistance of counsel | Counsel promised a five-year sentence and failed to move to dismiss indicted "jurisdictional defect" | Moore swore at plea he was satisfied with counsel, court warned sentence could be 30 years; no supporting affidavits or record of promises | Court applied Strickland standard, found no deficient performance or prejudice; claim denied |
| Mental competency / voluntariness of plea | (Raised in reply) Plea not knowing, intelligent, voluntary due to competency | Issue not raised in PCR or opening brief; state did not have to address it on appeal | Court declined to consider it because it was raised first in reply brief |
| Evidentiary hearing on PCR | PCR should not have been dismissed without hearing | Record (sworn plea, petition) contradicted Moore and showed no need for hearing; statutory summary-dismissal standard satisfied | Court held summary dismissal appropriate; no evidentiary hearing required |
Key Cases Cited
- Salter v. State, 184 So. 3d 944 (Miss. Ct. App. 2015) (summary dismissal affirmed when movant fails to show procedurally alive claim)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (errors affecting fundamental constitutional rights may be excepted from UPCCRA bars)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance of counsel)
- Richardson v. State, 769 So. 2d 230 (Miss. Ct. App. 2000) (trial judge may rely on prior sworn statements that contradict later claims)
- McBride v. State, 108 So. 3d 977 (Miss. Ct. App. 2012) (ineffective-assistance claims must be pleaded with specificity and supported by affidavits other than movant’s)
- Jones v. State, 174 So. 3d 902 (Miss. Ct. App. 2015) (mental-competency claims are not subject to procedural bars)