62 So. 3d 409
Miss. Ct. App.2010Background
- Nick was indicted December 13, 2001 on forcible rape and sexual battery.
- Pursuant to a plea, on September 13, 2005 Nick waived indictment and pled guilty to aggravated assault; rape and sexual battery were remanded.
- Circuit court sentenced Nick to 20 years, to be served consecutively with other sentences.
- Nick filed a post-conviction relief (PCR) motion on August 7, 2006; mandamus led to a circuit court ruling April 20, 2009, dismissing the PCR without an evidentiary hearing.
- Nick appeals, asserting several grounds including speedy-trial/limitations, illegal sentence, ineffective assistance, and improper denial of an evidentiary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy trial and statute of limitations claims | Nick asserts denial of speedy trial and that the aggravated assault information was time-barred. | State asserts a valid guilty plea waives non-jurisdictional rights, including speedy-trial and limitations defenses. | Meritless; valid plea waives non-jurisdictional rights. |
| Illegal sentence claim | Nick alleges sentence was illegal. | Plea and record show no illegal sentence; rights raised were non-jurisdictional and waived. | Meritless; no illegal sentence shown. |
| Ineffective assistance of counsel | Counsel failed to investigate and present mitigating evidence; faulty advice about habitual offender status; concerns about speedy-trial arguments. | Defendant offers no concrete evidence of deficient performance or prejudice; many claims are conclusory or waived. | Meritless; insufficient showing of deficient performance or prejudice. |
| Evidentiary hearing and procedural bar | Circuit court should have reviewed plea transcript and considered deficiencies; requests for an evidentiary hearing. | Claims largely reassert prior arguments; procedural bar for new issues not raised initially; transcript review not required absent proper development. | No abuse of discretion; no entitlement to an evidentiary hearing. |
Key Cases Cited
- Madden v. State, 991 So. 2d 1231 (Miss.Ct.App.2008) (guilty plea waives speedy-trial and limitations rights)
- Edmondson v. State, 17 So. 3d 591 (Miss.Ct.App.2009) (statutory limitations in non-jurisdictional rights waived by plea)
- Robinson v. State, 19 So. 3d 140 (Miss.Ct.App.2009) (standard for affirming summary dismissal of PCR petition)
- Mitchener v. State, 964 So. 2d 1188 (Miss.Ct.App.2007) (prescribes when evidentiary hearing is warranted)
- Jones v. State, 949 So. 2d 872 (Miss.Ct.App.2007) (expands on necessity of factual inquiry for PCR)
- McCuiston v. State, 758 So. 2d 1082 (Miss.Ct.App.2000) (standard for evidentiary-hearing determinations)
- Ponder v. State, 335 So. 2d 885 (Miss.1976) (trial judge not error on matter not presented)
- Hardin v. State, 966 So. 2d 844 (Miss.Ct.App.2007) (waiver of right to speedy trial after guilty plea not error)
- Cook v. State, 990 So. 2d 788 (Miss.Ct.App.2008) (no duty to inform of appeal right post-plea)
- Trotter v. State, 554 So. 2d 313 (Miss.1989) (appeal from sentence following guilty plea is not the same as appeal from plea)
- Vielee v. State, 653 So. 2d 920 (Miss.1995) (affidavits required to support ineffective-assistance claims in PCR)
- Smith v. State, 1 So. 3d 937 (Miss.Ct.App.2009) (transcript production considerations in PCR context)