Shields v. State
75 So. 3d 86
| Miss. Ct. App. | 2011Background
- Shields pleaded guilty on April 8, 2005 to manslaughter and robbery, with sentences of 20 and 15 years; consecutive terms.
- Plea bargain led to a judgment of conviction and sentence for both offenses.
- On May 5, 2010 Shields filed a Motion For a Modification of Sentence, claiming he was not involved in the robbery and seeking vacatur or modification of that conviction.
- The circuit court treated the motion as a post-conviction relief (PCR) petition and dismissed it as time-barred under § 99-39-5(2).
- Shields appealed, challenging the dismissal and asserting merits to his claims, including alleged innocence of the robbery.
- The court held the PCR motion time-barred and, alternatively, without merit based on Shields’s plea testimony and related record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Shields's PCR time-barred notwithstanding any exceptions? | Shields | State | Yes, time-barred; exceptions inapplicable. |
| Do Shields's claims have merit given his plea testimony admission of participation? | Shields | State | Merits denied; plea testimony supports participation. |
Key Cases Cited
- Young v. State, 731 So. 2d 1120 (Miss. 1999) (affidavits sham when documentary record refutes them; no hearing required)
- Booker v. State, 5 So. 3d 411 (Miss. Ct. App. 2008) (other-trial testimony supports conclusion)
- Scarborough v. State, 956 So. 2d 382 (Miss. Ct. App. 2007) (supports analysis of testimony in related trials)