Terrell G. Bass v. State of Mississippi
237 So. 3d 172
Miss. Ct. App.2017Background
- Terrell G. Bass pleaded guilty to one count of capital murder, one count of manslaughter, and one count of aggravated assault after killing his estranged wife and another man and shooting a third person; plea avoided death penalty.
- Sentences: life for capital murder, 20 years for manslaughter, and 20 years (with some suspension and postrelease supervision) for aggravated assault, to run consecutively.
- Bass filed a second postconviction relief (PCR) motion in 2016 raising ineffective assistance of counsel, involuntary guilty plea, and a defective indictment.
- The circuit court dismissed the second PCR as time-barred under the three-year statute for guilty pleas and as a successive writ; Bass had been convicted in 2009.
- The court alternatively reviewed the merits and rejected Bass’s claims: appointed counsel were adequate, Bass’s plea was voluntary, and the indictment properly alleged the underlying offense for burglary-based capital murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Time bar / successive writ | Bass: PCR timely / exceptions apply | State: PCR filed after three-year limit and is successive | Dismissed as time-barred and successive; procedural bars apply |
| Ineffective assistance of counsel | Bass: appointed local PDs (not Office of Capital Defense) lacked funds, investigation, and effort | State: right to counsel satisfied; appointed PDs were experienced and investigated | Rejected—record shows counsel investigated, met client, and Bass stated satisfaction under oath |
| Voluntariness of guilty plea | Bass: plea involuntary because lack of new counsel/coercion from jail conditions | State: plea was knowing, voluntary, and entered with counsel to avoid death penalty | Rejected—plea transcript shows intelligent, voluntary plea without coercion |
| Indictment sufficiency (burglary underlying offense) | Bass: indictment failed to allege underlying offense elevating burglary to capital murder | State: indictment specified killing during burglary with intent to kill (murder as underlying offense) | Rejected—indictment properly charged underlying offense (murder) for burglary-based capital murder |
Key Cases Cited
- Purnell v. State, 126 So. 3d 949 (Miss. Ct. App. 2013) (standard of review for PCR denials)
- Williams v. State, 158 So. 3d 1171 (Miss. Ct. App. 2014) (errors affecting fundamental rights are exceptions to procedural bars but mere assertions are insufficient)
- Bass v. State, 174 So. 3d 883 (Miss. Ct. App. 2015) (prior appellate decision addressing Bass’s claims)
- State v. Berryhill, 703 So. 2d 250 (Miss. 1997) (capital-murder indictments predicated on burglary must state the underlying offense)
- Stevens v. State, 806 So. 2d 1031 (Miss. 2001) (murder can be the underlying offense for burglary)