Palmer v. State
140 So. 3d 448
| Miss. Ct. App. | 2014Background
- Richard Palmer pled guilty in Feb 2012 to 12 of 18 counts (3 counts touching a child for lustful purposes; 4 counts sexual battery; 5 counts exploitation of a child) in Jackson County Circuit Court; six remaining sexual-battery counts were dismissed per plea agreement.
- Total effective sentence: 30 years (18 years to serve, 12 years post-release supervision), concurrent sentences.
- Eight months after the plea, Palmer filed a motion for post-conviction relief (PCR) asserting: indictment defects (failure to allege lack of consent), ineffective assistance of counsel, denial of speedy trial, involuntary pleas, and insufficient factual basis.
- The circuit court denied the PCR motion; Palmer appealed to the Mississippi Court of Appeals.
- The Court reviewed factual findings for clear error and legal questions de novo, and addressed each of Palmer’s claims on the merits or as waived by the guilty plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indictment defect (consent element) | Palmer: sexual-battery counts were fatally defective because indictment did not allege nonconsent | State: counts charged under §97-3-95(1)(c) (age-based sexual battery) do not require alleging lack of consent | Held: No defect — age-based provision applies; nonconsent need not be alleged |
| Ineffective assistance of counsel | Palmer: counsel coerced plea, failed to explain plea, failed to investigate or pursue defenses | State: Palmer offered only bare assertions, affirmed satisfaction at plea colloquy, and provided no supporting affidavits or specifics | Held: No ineffective assistance — Palmer failed Strickland burden and plea colloquy statements are presumptively truthful |
| Speedy trial | Palmer: deprived of constitutional speedy-trial right | State: guilty plea waives non-jurisdictional rights including speedy-trial claims | Held: Waived by valid guilty plea |
| Voluntariness / factual basis for pleas | Palmer: pleas involuntary; factual basis insufficient and inconsistent with indictment | State: plea colloquy, prosecutor and defense recitations, and admissions by Palmer provided an adequate factual basis | Held: Pleas were voluntary and supported by sufficient factual basis (court may consider entire record) |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part test for ineffective assistance of counsel)
- Bryant v. State, 879 So.2d 530 (Miss. Ct. App. 2004) (age-based sexual-battery indictment need not allege lack of consent)
- Burrough v. State, 9 So.3d 368 (Miss. 2009) (in guilty-plea context, defendant must show he would have insisted on trial absent counsel’s errors)
- Fulton v. State, 844 So.2d 1171 (Miss. Ct. App. 2003) (valid guilty plea waives nonjurisdictional rights)
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (plea must be knowing and voluntary; waiver of jury trial, confrontation, privilege against self-incrimination)
- Hannah v. State, 943 So.2d 20 (Miss. 2006) (requirements for factual basis and voluntariness of plea)
- Lott v. State, 597 So.2d 627 (Miss. 1992) (factual basis requires facts sufficient to show conduct falls within criminal definition)
- Brown v. State, 533 So.2d 1118 (Miss. 1988) (third-party recitation of evidence at plea can establish factual basis)
- Boddie v. State, 875 So.2d 180 (Miss. 2004) (court may review whole record, not just plea transcript, to determine factual basis)