281 So.3d 343
Miss. Ct. App.2019Background
- In March 2015 Roberson was indicted for statutory rape (Miss. Code § 97-3-65(1)(b)); he pleaded guilty in May 2015.
- Sentence: 20 years with 12 years suspended and 8 years to serve.
- In 2018 Roberson, pro se, filed a PCR motion alleging ineffective assistance of counsel, a defective/invalid indictment (missing dates of birth and certain words), that the State prosecuted under that invalid indictment, and that his plea was not voluntary, knowing, or intelligent.
- The circuit court denied the PCR motion; Roberson appealed to the Mississippi Court of Appeals.
- The Court reviewed the record, plea colloquy, and indictment, and concluded the indictment met Rule 7.06 requirements, Roberson’s guilty plea waived non-jurisdictional defects, and counsel was not shown to be ineffective.
- The Court affirmed the denial of PCR relief and rejected cumulative-error arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Counsel failed to investigate/object to indictment (missing DOBs) | No specific proof of deficient performance; Roberson had opportunity to review charges and expressed satisfaction with counsel | Denied — Roberson offered only conclusory allegations; no Strickland showing |
| Indictment defective/violates due process | Indictment omits defendant’s and victim’s DOBs and some names; thus invalid | Indictment contained essential elements and gave adequate notice; DOBs not required; guilty plea waives non-jurisdictional defects | Denied — indictment valid under Rule 7.06; plea waived such defects |
| Court should have amended indictment | Court should add DOBs and words like “a human being” | No authority requiring those additions; indictment already sufficient | Denied — no merit and no supporting law |
| Factual basis for guilty plea | State lacked sufficient evidence of intercourse with victim | Plea colloquy contains State’s proffered facts and victim/mother testimony would have supported charge; voluntary plea waives proof requirement | Denied — plea colloquy supplied factual basis; voluntary plea admits elements |
| Voluntariness/knowing plea | Counsel didn’t explain proceedings; plea not knowing/voluntary | Court advised Roberson of rights, consequences; Roberson denied coercion and confirmed counsel discussed charges | Denied — record shows plea was knowing, voluntary, and intelligent |
| Cumulative error | Multiple errors together deprived him of a fair process | Because individual claims fail and plea was valid, no cumulative prejudice | Denied — no reversible cumulative error |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance of counsel)
- Rush v. State, 811 So. 2d 431 (Miss. Ct. App. 2001) (indictment met Rule requirements; counsel not ineffective for failing to object)
- Ford v. State, 911 So. 2d 1007 (Miss. Ct. App. 2005) (valid guilty plea waives non-jurisdictional defects in indictment)
- Singleton v. State, 213 So. 3d 521 (Miss. Ct. App. 2016) (voluntary guilty plea waives prosecution’s burden to prove each element)
- McCray v. State, 107 So. 3d 1042 (Miss. Ct. App. 2012) (conclusory or bare assertions insufficient to prove ineffective assistance)