Moreno v. State
2012 Miss. LEXIS 68
| Miss. | 2012Background
- Moreno sought permission to proceed in trial court on a claim of ineffective assistance of counsel after this Court discipled his trial attorney.
- This Court granted leave to pursue only the ineffective-assistance claim; the trial court held an evidentiary hearing solely on that issue and denied relief.
- This Court later held that it improperly exercised authority and should not have remanded for an evidentiary hearing; trial court was proper forum because of Guilty plea to DUI manslaughter and mayhem.
- Moreno appealed, reasserting venue and double-jeopardy claims that had not been argued in the trial court; Court of Appeals denied relief.
- Moreno petitioned for certiorari; this Court found the Court of Appeals erred in considering the new double-jeopardy and venue claims first raised on appeal, and addressed the ineffective-assistance ruling.
- The Court affirms the trial court’s denial of the ineffective-assistance claim and vacates the Court of Appeals’ judgment on double jeopardy and improper venue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court was the proper forum for the post-conviction claim | Moreno argues for appellate review | State contends trial court proper | Trial court proper; affirmed |
| Whether double jeopardy and venue claims could be reviewed for the first time on appeal | Moreno raised them beforehand on appeal | State argues waived | Court of Appeals erred; vacated on these issues |
| Whether factual statements about July 12, 2004 pleas were properly considered | Moreno contested those facts | State supports consideration | Court of Appeals erred in including that issue; vacated |
| Whether venue was properly treated as reviewable on post-conviction appeal | Moreno argued venue issues | State contends permissible on appeal | Court of Appeals erred; vacated |
Key Cases Cited
- Mississippi Commission on Judicial Performance v. Pittman, 993 So.2d 816 (Miss. 2008) (disciplinary proceeding informs post-conviction review context)
- Jackson v. State, 67 So.3d 725 (Miss. 2011) (trial court proper forum for certain post-conviction claims)
- Moreno v. State, 79 So.3d 511 (Miss.Ct.App. 2011) (Court of Appeals’ treatment of issues on appeal; double-jeopardy and venue discussed)
- Gillett v. State, 56 So.3d 469 (Miss. 2010) (double-jeopardy considerations in post-conviction context)