Terrell G. Bass v. State of Mississippi
174 So. 3d 883
| Miss. Ct. App. | 2015Background
- Terrell G. Bass forced entry into Hershel Stogner’s home, shot multiple people, killing Tonya Stogner and Ronald Plummer; Hershel survived. Bass confessed the next morning.
- Indicted for two counts of capital murder and one count of aggravated assault, Bass accepted a plea deal (avoiding death penalty) on August 29, 2008: guilty to one capital murder, one manslaughter, and one aggravated-assault count.
- Sentences: life for capital murder; 20 years for manslaughter; 20 years for aggravated assault (10 suspended, 5 years post-release supervision); sentences to run consecutively.
- Bass filed a post-conviction relief (PCR) motion alleging (in essence) that pleading to manslaughter precluded the capital-murder conviction; the circuit court summarily denied relief on October 10, 2013.
- Bass appealed raising ineffective assistance of counsel, judicial coercion of pleas, insufficiency of evidence for capital murder, and defects in the indictment. The Court of Appeals affirmed the denial of PCR relief.
Issues
| Issue | Plaintiff's Argument (Bass) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Counsel failed to provide adequate representation; counsel ineffective during plea process | Issue was not raised in PCR (procedurally barred); affidavit-only evidence insufficient to prove IAC | Procedurally barred and without merit; claim fails (affidavit alone insufficient) |
| Voluntary guilty plea / judicial coercion | Trial judge coerced guilty pleas by refusing to appoint new counsel two weeks before trial | Refusal to change appointed counsel was within discretion; appointed counsel had substantial preparation; plea transcript shows voluntary, intelligent pleas | Procedurally barred and meritless; no coercion; pleas were voluntary and intelligent |
| Sufficiency of evidence for capital murder | Insufficient evidence supported capital-murder charge | Failure to raise in PCR; guilty plea waives insufficiency claim | Procedurally barred; waived by guilty plea |
| Sufficiency of indictment | Indictment failed to allege valid underlying felony for capital murder (defective charging document) | Plea waives non-jurisdictional defects; indictment alleged murder during burglary and underlying felony need not merge into murder | Procedurally barred by plea; indictment legally sufficient to support capital-murder charge |
Key Cases Cited
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (standard of review for PCR factual findings and legal questions)
- Vielee v. State, 653 So. 2d 920 (Miss. 1995) (affidavit-only ineffective-assistance claims lack merit)
- McCormick v. State, 802 So. 2d 157 (Miss. Ct. App. 2001) (right to counsel does not guarantee unfettered choice; trial court discretion)
- Fluker v. State, 17 So. 3d 181 (Miss. Ct. App. 2009) (issues not raised in PCR cannot be raised for first time on appeal)
- Welch v. State, 958 So. 2d 1288 (Miss. Ct. App. 2007) (guilty plea waives claim of insufficient evidence)
- Maggitt v. State, 26 So. 3d 363 (Miss. Ct. App. 2009) (guilty plea waives non-jurisdictional defects in indictment)
- Stevens v. State, 806 So. 2d 1031 (Miss. 2001) (underlying felony of burglary does not merge into murder; murder can be underlying element for burglary)