Moreno v. State
2011 Miss. App. LEXIS 115
| Miss. Ct. App. | 2011Background
- Moreno was indicted in Lamar County for DUI manslaughter and two counts of DUI mayhem and pled guilty to all counts, receiving a 25-year MDOC sentence.
- Moreno filed three post-conviction relief motions; the first two were denied, and the third was addressed after an evidentiary hearing.
- Pittman Jr., Moreno’s trial counsel, was reprimanded by the Mississippi Commission on Judicial Performance for representing Moreno after issuing an arrest warrant and bond order in the same matter.
- The Mississippi Supreme Court granted leave to Moreno to proceed in the trial court on a claim of ineffective assistance of counsel, ordering an evidentiary hearing.
- The evidentiary hearing concluded that Moreno’s plea was entered against counsel’s advice and the trial court found no deficient performance or prejudice, denying the third post-conviction relief petition on that basis.
- The accident underlying the charges occurred in Forrest County, but Moreno was tried in Lamar County after arrests and transport to the Lamar County Jail, with relevant traffic citations involving both counties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction/venue proper in Lamar County | Moreno: improper venue under §99-11-3 (Forrest County is proper). | State: venue is proper; record shows Lamar County indictment. | Venue properly in Lamar County; claim without merit. |
| Double jeopardy protection | Moreno: multiple DUI counts violate double jeopardy. | Counts arise from separate felonies per §63-11-30(5). | No double jeopardy violation; counts valid. |
| Ineffective assistance of counsel | Pittman failed to communicate, appeared absent, or impeded defense; pleas influenced by deportation claim. | Counsel’s performance within reasonable standard; no prejudice shown. | No ineffective assistance; petitioner failed to show deficient performance or prejudice. |
Key Cases Cited
- McBride v. State, 934 So.2d 1033 (Miss.Ct.App.2006) (venue may be challenged on appeal; jurisdictional issue reviewable)
- Hensley v. State, 912 So.2d 1083 (Miss.Ct.App.2005) (venue/jurisdiction analysis on appeal)
- Williams v. State, 31 So.3d 69 (Miss.Ct.App.2010) (improper venue requires record evidence to support claim)
- Brawner v. State, 947 So.2d 254 (Miss.2006) (double jeopardy framework; multiple punishments from same act)
- Schiro v. Farley, 510 U.S. 222 (1994) (double jeopardy standards and multiple punishments)