Royce Anthony Berryhill v. State of Mississippi
197 So. 3d 938
| Miss. Ct. App. | 2016Background
- Royce Anthony Berryhill (pro se) pleaded guilty in Jan. 2012 to one count of sexual battery; sentence: 18 years MDOC + 10 years post-release supervision; remaining counts were remanded to the file under the plea agreement.
- Indictment initially included multiple counts: two sexual battery, two fondling, conspiracies, and child-exploitation related to sexually explicit photographs.
- In Jan. 2015 Berryhill filed a pro se post-conviction relief (PCR) motion claiming his plea was involuntary, there was no factual basis for the plea, and counsel was ineffective.
- The DeSoto County Circuit Court denied the PCR motion on Apr. 20, 2015; Berryhill appealed.
- The Court of Appeals reviewed factual findings for clear error and legal issues de novo and affirmed the denial, assessing costs to DeSoto County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the guilty plea was involuntary | Berryhill: he was not allowed to read the plea, not advised of consequences, not told min/max sentences, judge questioned him without advising waiver of rights; plea induced by scheme | State: plea petition and hearing show Berryhill signed and acknowledged reading/understanding plea, was advised of rights, and was competent | The plea was knowing, voluntary, and intelligent; trial court did not err |
| Whether counsel provided ineffective assistance | Berryhill: counsel ignored competency concerns he raised and failed to communicate adequately before plea | State: record shows Berryhill affirmed satisfaction with counsel; plea petition states counsel competent; no affidavits or specific facts alleging deficient performance | Ineffective-assistance claim fails for lack of deficient performance or supporting affidavits; claim without merit |
Key Cases Cited
- Burrough v. State, 9 So. 3d 368 (Miss. 2009) (trial court must advise defendant of rights, charge nature, and plea consequences)
- Harris v. State, 806 So. 2d 1127 (Miss. 2002) (solemn in-court statements create strong presumption of verity)
- Hannah v. State, 943 So. 2d 20 (Miss. 2006) (petitioner bears burden to prove plea invalid)
- Lambert v. State, 941 So. 2d 804 (Miss. 2006) (standard of review for PCR: facts for clear error; law de novo)
- Liddell v. State, 7 So. 3d 217 (Miss. 2009) (Strickland two-prong standard for ineffective assistance)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (performance and prejudice test for ineffective assistance)
- Cole v. State, 918 So. 2d 890 (Miss. Ct. App. 2006) (in guilty-plea context, defendant must show serious unprofessional errors that caused plea)
- Kinney v. State, 737 So. 2d 1038 (Miss. Ct. App. 1999) (ineffective-assistance allegations must be specific and detailed)
- Mayhan v. State, 26 So. 3d 1072 (Miss. Ct. App. 2009) (PCR may be dismissed where petitioner fails to submit affidavits supporting ineffective-assistance claims)
- Reynolds v. State, 521 So. 2d 914 (Miss. 1988) (but-for causation required to show counsel’s errors induced a guilty plea)