Scott v. State
141 So. 3d 34
| Miss. Ct. App. | 2014Background
- Scott pled guilty to murder on April 1, 1988, under MS code § 97-8-19(l)(c), and received a life sentence.
- On June 12, 2013, Scott filed a PCR alleging an illegal sentence due to a defective indictment and ineffective assistance of counsel.
- The Jones County Circuit Court dismissed the PCR as time-barred under § 99-39-5(2).
- The Mississippi Court of Appeals reviews under a de novo standard for questions of law and reviews factual findings for clear error.
- The court addresses whether the indictment was defective and whether trial counsel was ineffective, within the framework of the time-bar and its exceptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the indictment defective for capital murder? | Scott asserts indictment for capital murder; seeks relief for defect. | Scott was indicted for felony murder; plea ensured notice; waiver issue not fatal. | Indictment was sufficient; issue without merit. |
| Did counsel's handling render ineffective assistance? | Counsel allowed plea to a defective indictment. | Indictment not defective; Strickland standard requires prejudice, which is lacking. | Ineffective-assistance claim without merit. |
| Are the procedural time-bar exceptions applicable to PCR? | Exceptions to time-bar should apply; constitutional-rights claims may waive the bar. | Exceptions must be proven; no exception established here. | Time-bar affirmed; no applicable exception shown. |
Key Cases Cited
- White v. State, 59 So.3d 633 (Miss. Ct. App. 2011) (burden on movant to show statutory exception to time-bar)
- Rowland v. State, 42 So.3d 503 (Miss. 2010) (constitutional-rights exceptions to procedural bars recognized)
- Chandler v. State, 44 So.3d 442 (Miss. App. Ct. 2010) (mere constitutional claims insufficient to waive procedural bar)
- Joiner v. State, 61 So.3d 156 (Miss. 2011) (valid guilty plea waives non-jurisdictional defects)
- Conerly v. State, 607 So.2d 1153 (Miss. 1992) (plea waivers and indictment sufficiency considerations)
- Stringer v. State, 454 So.2d 468 (Miss. 1984) (ineffective assistance standard adopted from Strickland)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-pronged test: deficient performance and resulting prejudice)
- Williams v. State, 445 So.2d 798 (Miss. 1984) (indictment elements and notice requirements)