Minshew v. State
169 So. 3d 953
| Miss. Ct. App. | 2014Background
- Indicted Feb. 28, 2007, in Leake County for statutory rape under Miss. Code Ann. 97-3-65(l)(b).
- Pled guilty May 14, 2007; sentenced to 20 years with 10 suspended and 5 years' probation.
- Filed a March 29, 2010 PCR alleging ineffective assistance and submitted unsworn statements from his wife and grandson.
- Filed a 2012 PCR petition challenging Mississippi Code 47-7-4 as unconstitutional as it affects release of sex offenders.
- March 20, 2013, trial court summarily denied the PCR petition.
- On appeal, standard of review: factual findings reviewed for clear error; legal conclusions de novo; plea was voluntary despite alleged counsel failures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Minshew’s trial counsel ineffective? | Minshew argues counsel failed to interview witnesses. | State contends no deficient performance shown; evidence supports trial strategy. | No error; claims insufficiently detailed; no prejudice shown. |
Key Cases Cited
- Pruitt v. State, 53 So.3d 24 (Miss. Ct. App. 2010) (presumption of competence; burden to show deficiencies and prejudice)
- Busby v. State, 994 So.2d 225 (Miss. Ct. App. 2008) (reasonableness of counsel’s conduct; standard for performance)
- Deloach v. State, 937 So.2d 1010 (Miss. Ct. App. 2006) (plea-based ineffective assistance requires showing causation to guilty plea)
- Reynolds v. State, 521 So.2d 914 (Miss. 1988) (prejudice inquiry for guilty-plea claims)
- Magyar v. State, 18 So.3d 851 (Miss. Ct. App. 2008) (court may correct misstatements about sentencing during voluntariness inquiry)
- Thomas v. State, 881 So.2d 912 (Miss. Ct. App. 2004) (requirements for specificity in ineffective-assistance claims)