Porter v. State
126 So. 3d 68
| Miss. Ct. App. | 2013Background
- In November 2006 Porter’s vehicle collided with Riley’s vehicle on Hwy. 98 in Marion County; Riley’s daughter died and another child was seriously injured.
- Porter consented to a blood draw about three hours after the crash; tests showed carisoprodal, meprobamate, and hydrocodone present.
- A grand jury indicted Porter for DUI manslaughter and DUI mayhem under Miss. Code § 63-11-30(5); Porter pled guilty to both charges in July 2008 and received consecutive long prison terms and restitution orders.
- Porter filed a post-conviction relief (PCR) motion asserting ineffective assistance of counsel (failure to investigate blood-test implications and a blown tire defense), lack of voluntary consent/timeliness for the blood draw, insufficient factual basis for the pleas, lack of proximate causation, and that the court improperly amended restitution after the term of court expired.
- The circuit court summarily dismissed all PCR claims except the sentencing amendment issue; on appeal the Court of Appeals reviewed whether an adequate factual basis supported the guilty pleas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of factual basis for guilty pleas | Porter: plea lacked specific facts showing impairment, operation in county, and negligent act causing death/injury; post-plea expert report undermines impairment finding | State: plea and record suffice; affidavits and other record material support guilt | Reversed — record lacks adequate factual basis; pleas set aside and charges remanded |
| Ineffective assistance of counsel (failure to investigate defenses) | Porter: counsel failed to investigate blood-test interpretation and tire-blowout defense, which would have changed decision to plead | State: argued claims meritless; circuit court summarily dismissed without hearing | Not reached on merits — rendered moot by factual-basis reversal |
| Voluntariness/timeliness of blood draw evidence | Porter: consent questionable and draw occurred outside statutory two-hour window; blood evidence should be excluded | State: relied on blood-test results in prosecution; argued no relief warranted | Not reached on merits — moot after reversal |
| Court’s authority to amend restitution after term expired | Porter: sentencing court lacked jurisdiction to modify order after term expired | State: opposed relief | Circuit court found court erred in amending order after term; that narrow ruling was not disturbed on appeal |
Key Cases Cited
- Burrough v. State, 9 So.3d 368 (Miss. 2009) (court must have substantial evidence defendant committed the offense before accepting plea)
- Corley v. State, 585 So.2d 765 (Miss. 1991) (requirements for factual basis at plea)
- Hannah v. State, 943 So.2d 20 (Miss. 2006) (guilty plea alone insufficient; must contain factual statements or be accompanied by independent evidence)
- Boddie v. State, 875 So.2d 180 (Miss. 2004) (appellate review may consider the whole record when assessing factual basis)
- Smith v. State, 86 So.3d 276 (Miss. Ct. App. 2012) (reviewing the record to determine sufficiency of factual basis)
- Joiner v. State, 835 So.2d 42 (Miss. 2003) (elements required to support DUI manslaughter/mayhem pleadings)
- Campbell v. State, 858 So.2d 177 (Miss. Ct. App. 2003) (factual basis elements for section 63-11-30(5) plea)