Patrick L. King v. State of Mississippi
239 So. 3d 508
| Miss. Ct. App. | 2017Background
- In April 2012 Patrick King sold five DVDs and one CD to an undercover investigator; subsequent searches recovered hundreds to thousands of allegedly pirated CDs/DVDs and manufacturing equipment.
- King was indicted on six counts under Miss. Code Ann. § 97-23-89 (failure to display required information on recordings) and one count of being a felon in possession of a firearm; the firearm charge was later dismissed as part of a plea agreement.
- On October 15, 2012 King entered open guilty pleas to the six piracy counts after a colloquy in which he acknowledged understanding the charges, penalties, and rights he waived.
- The trial court accepted the pleas and ultimately sentenced King to eighteen years with five years to serve and the remainder suspended for post-release supervision; forfeiture of pirated items/equipment was also ordered.
- King filed multiple postconviction-relief (PCR) petitions: the first was denied (appeal dismissed as untimely); a second PCR petition was initially dismissed for jurisdictional reasons but was remanded by the Mississippi Supreme Court; on refiling the circuit court dismissed the second petition as successive and without merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether second PCR was barred as a successive writ | King challenged convictions/sentence and raised multiple constitutional and ineffective-assistance claims in a second PCR | State: prior denial is a final judgment and successive petitions are procedurally barred under §99-39-23(6) | Court: Petition was successive and procedurally barred; dismissal affirmed |
| Whether plea was involuntary / counsel ineffective | King claimed counsel pressured a last-minute plea and rendered ineffective assistance | State pointed to plea colloquy where King acknowledged guilt, voluntariness, and satisfaction with counsel | Court: Claim lacks merit under Strickland and plea colloquy shows voluntariness |
| Whether prosecution exceeded state jurisdiction (copyright preemption) | King argued federal law prohibits state prosecution for copyright infringement | State: Convictions were for state piracy statute §97-23-89, not federal copyright infringement | Court: Claim without merit; statute punished failure to display required information, not federal copyright violation |
| Whether King was denied preliminary hearing/grand jury rights | King contended he was denied preliminary hearing and grand-jury submission | State: King knowingly waived certain rights by pleading guilty in exchange for dismissal of firearm charge | Court: Claims fail — waiver during plea colloquy bars these challenges |
Key Cases Cited
- Hughes v. State, 106 So. 3d 836 (Miss. Ct. App. 2012) (standard of review for PCR dismissal)
- Crosby v. State, 16 So. 3d 74 (Miss. Ct. App. 2009) (review standard cited)
- Williams v. State, 872 So. 2d 711 (Miss. Ct. App. 2004) (questions of law reviewed de novo)
- White v. State, 59 So. 3d 633 (Miss. Ct. App. 2011) (summary dismissal of PCR where petition shows no entitlement to relief)
- Robinson v. State, 19 So. 3d 140 (Miss. Ct. App. 2009) (requirement for procedurally alive claims in PCR)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Byrom v. State, 863 So. 2d 836 (Miss. 2003) (appellate review not required where appellant fails to cite relevant authority)
- Simmons v. State, 805 So. 2d 452 (Miss. 2001) (authority cited regarding appellate obligations)