138 So. 3d 270
Miss. Ct. App.2014Background
- Rustin sold cocaine in a controlled buy to a confidential informant on Nov. 15, 2010; he was indicted Aug. 10, 2011, and pleaded guilty Nov. 22, 2011.
- As part of the plea he was sentenced (non-habitual) to 15 years MDOC, 10 years post-release supervision, and fines.
- Rustin filed a post-conviction relief (PCR) motion Aug. 2, 2012, alleging: unlawful use of a probationer as an informant, withheld video of the buy, false evidence, and ineffective assistance of counsel.
- The circuit court summarily dismissed the PCR for lack of affidavits/competent proof and because the guilty plea waived non-jurisdictional pre-plea claims.
- On appeal, the Court of Appeals affirmed, finding the claims procedurally barred by the guilty plea and, alternatively, without merit where considered on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of using a probationer as a confidential informant | Rustin: informant (a probationer/convicted felon) was not allowed to possess drugs, so the buy was unlawful and amounted to entrapment | State: guilty plea waives pre-plea constitutional claims; no evidence shows prosecution used informant testimony against him | Procedurally barred by guilty plea; claim without merit even if considered (cites Young) |
| Denial of access to videotape of the buy | Rustin: video existed and was withheld, violating due process / Brady | State: plea waives such pre-plea defects; no competent proof that video existed or was favorable/material | Procedurally barred; insufficient factual/affidavit support to show Brady violation |
| Use of false evidence (money/paraphernalia) | Rustin: evidence logged by sheriff was false and belonged to informant | State: guilty plea waives evidentiary issues; no competent support for allegations | Procedurally barred and without merit |
| Ineffective assistance of counsel | Rustin: counsel’s errors coerced/tricked him into pleading guilty | State: plea hearing record and signed plea form show plea was voluntary and made with counsel’s advice; no competent evidence beyond self-serving statements | Claim fails—movant must show but-for effect on plea; record rebuts allegation |
Key Cases Cited
- Tollett v. Henderson, 411 U.S. 258 (guilty plea waives antecedent non-jurisdictional claims)
- Young v. State, 919 So.2d 1047 (Miss. Ct. App.) (use of a probationer as informant not a basis for relief after guilty plea)
- Howell v. State, 989 So.2d 372 (Miss.) (elements required to establish a Brady violation)
- Buckley v. State, 119 So.3d 1171 (Miss. Ct. App.) (guilty plea waives evidentiary issues)
- O'Cain v. State, 120 So.3d 482 (Miss. Ct. App.) (standard for summary dismissal of PCR)