Raheem Berry v. State of Mississippi
230 So. 3d 360
| Miss. Ct. App. | 2017Background
- Raheem Berry pled guilty to second-degree murder on January 27, 2014 and was sentenced to 20 years; he did not file a direct appeal.
- On December 21, 2015 Berry filed a motion to vacate his conviction and sentence, treated as a PCR motion under Miss. Code Ann. § 99-39-5.
- The Grenada County Circuit Court summarily denied the PCR motion on May 24, 2016 without an evidentiary hearing and issued a written opinion addressing the claims.
- Berry argued (1) his trial counsel failed to advise him of his right to appeal and to appointed counsel on appeal, (2) the court failed to inquire whether he acted in self-defense, and (3) the court failed to determine his competency to plead guilty.
- The plea transcript shows the judge advised Berry that pleading guilty precluded a direct appeal, that Berry agreed with the State’s factual proffer, and Berry swore he was not under the influence and had no mental disabilities; Berry offered no affidavits in support of his PCR claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circuit court abused discretion by denying PCR without a hearing | Berry: court should have held evidentiary hearing because factual disputes exist | State: Berry submitted only bare allegations and no affidavits; record contradicted claims | Denial without hearing affirmed; movant must present affidavits or unresolved factual issues to warrant hearing |
| Whether trial counsel failed to inform Berry of right to direct appeal and appointed counsel | Berry: counsel failed to advise him of appeal rights and counsel on appeal, would have appealed if informed | State: statutory law (post-2008) bars direct appeals after guilty plea; judge informed Berry at plea that no appeal follows guilty plea | Rejected—no relief because guilty plea bars direct appeal and transcript shows judge advised Berry accordingly |
| Whether court erred by not asking about self-defense before accepting guilty plea | Berry: court should have inquired whether he acted in self-defense; plea was involuntary | State: guilty plea waives non-jurisdictional defenses; record shows defendant agreed with factual proffer and pled guilty under oath | Rejected—plea knowingly and voluntarily entered; self-defense claim waived and unsupported by affidavits |
| Whether court erred by failing to determine Berry's competency to plead | Berry: court failed to determine competency | State: judge questioned Berry; Berry swore he was competent and not under influence; no evidence presented to rebut | Rejected—record shows competency colloquy and no proof of incompetence; movant bears burden to prove incompetence |
Key Cases Cited
- Smith v. State, 196 So. 3d 986 (Miss. Ct. App. 2015) (movant must show unresolved factual issues by affidavit to obtain evidentiary hearing)
- Joseph v. State, 111 So. 3d 697 (Miss. Ct. App. 2013) (post-2008 statute prohibits direct appeal after guilty plea)
- Cross v. State, 954 So. 2d 497 (Miss. Ct. App. 2007) (statements made under oath at plea hearing are entitled to great weight)
- Brooks v. State, 573 So. 2d 1350 (Miss. 1990) (guilty plea admits elements of charge and waives non-jurisdictional defects)
- Boyd v. State, 65 So. 3d 358 (Miss. Ct. App. 2011) (standard of review for denial/dismissal of PCR motions)