Swilley v. State, 93 So. 3d 901

Swilley pled guilty on July 25, 2011 to felony shoplifting in Copiah County; four-year MDOC sentence imposed.
February 13, 2011, off-duty officer observed Swilley with a bulge, saw him lift his shirt, and place items in a bag.
Swilley was detained in the Piggly Wiggly parking lot; steaks with Walmart labels were found on search.
July 18, 2011 omnibus hearing included a suppression motion; the circuit court denied the motion.
September 16, 2011 Swilley filed an Interlocutory Appeal treated as PCR; circuit court denied motion on September 19, 2011.
On appeal, Swilley argues lack of probable cause and hearsay labeling/unauthenticated evidence; court affirms denial of PCR.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether guilty plea waives pre-plea Fourth Amendment claims	Swilley argues arrest/search violated rights.	Swilley’s plea bars pre-plea challenges.	Guilty plea waives pre-plea Fourth Amendment claims.
Whether suppression was proper given probable cause	Insufficient probable cause to detain/search him.	Evidence and detention were supported by suspicion/causation.	Waived concerns; court does not address merits due to valid plea.
Whether PCR waiver under Miss. Code Ann. §99-39-21 bars relief	Swilley was denied relief improperly via PCR.	Waiver applies; no cause/actual prejudice shown.	PCR denial affirmed; waiver applies and no relief warranted.

Battaya v. State, 861 So.2d 364 (Miss.Ct.App. 2003) (guilty plea waives pre-plea arrest/conviction challenges)
King v. State, 738 So.2d 240 (Miss. 1999) (recognizes pre-plea rights may be waived by guilty plea)
Tollett v. Henderson, 411 U.S. 258 (U.S. 1973) (solemn admission of guilt eliminates independent pre-plea claims)
Holloway v. State, 31 So.3d 656 (Miss.Ct.App. 2010) (clearly-erroneous standard; de novo for legal questions)
Moore v. State, 986 So.2d 928 (Miss. 2008) (standard for PCR review; factual and legal questions)