Mooney v. State, 130 So. 3d 145

Mooney pleaded guilty on May 26, 2011 to two counts of DUI resulting in death and injury; sentences were 20 years each to run concurrently in MDOC.
Mooney filed a PCR motion on January 17, 2012; it was voluntarily dismissed and the circuit court dismissed the PCR motion May 23, 2013.
On July 16, 2012, Mooney filed a motion to vacate his judgment and sentence, treated as PCR, which the circuit court denied.
May 23, 2008, Mooney’s car crossed the center line on Vidalia Road causing a head-on collision with Lindsey Ladner; Necaise died, Lindsey and Marcus Ladner were seriously injured.
Blood test showed cocaine and Soma; arrest warrant issued June 17, 2008; Mooney arrested May 15, 2009 in Slidell, Louisiana and extradited to Mississippi.
Mooney appeals alleging ineffective assistance of counsel (speedy-trial issue, coercion of plea, inadequate trial preparation, suppression issues) and denial of his PCR motion as an abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance—speedy-trial claim not waived	Mooney argues counsel failed to pursue speedy-trial rights.	State contends plea voluntary despite delay; not waived if plea involuntary.	No reversible error; plea voluntary despite delay.
Denial of PCR based on counsel performance	Counsel’s failures rendered plea involuntary.	Record shows pleaded knowingly; assertions lack merit.	PCR denial affirmed; no deficient performance shown.

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes test for ineffective assistance of counsel)
Ivy v. State, 103 So.3d 766 (Miss.Ct.App.2012) (applies Strickland to guilty-plea contexts)
Burrough v. State, 9 So.3d 368 (Miss.2009) (plea validity requires voluntary and intelligent waiver)
Hill v. State, 60 So.3d 824 (Miss.Ct.App.2011) (ineffective-assistance claims for speedy-trial issues may be waived if plea voluntary)
Jones v. State, 885 So.2d 83 (Miss.Ct.App.2004) (solemn statements in open court carry presumption of truth)