Townes v. State
88 So. 3d 812
| Miss. Ct. App. | 2012Background
- Townes pled guilty to aggravated assault on July 28, 2008, and received a 15-year sentence with 117 days in MDOC custody, plus restitution of $29,084.04 and 15 years suspended with 15 years post-release supervision.
- On January 29, 2010, ten years of Townes’s suspended sentence were revoked for nonpayment of restitution and new crimes.
- Townes filed a PCR motion on November 10, 2010; the circuit court dismissed it and Townes timely appealed.
- Townes sought relief on the basis of newly discovered evidence claiming self-defense at the time of the assault under Mississippi Code Annotated §99-39-5(l)(e).
- Townes also claimed ineffective assistance of counsel, noting his sworn testimony at plea that he was satisfied with his attorney, and contended the self-defense issue and restitution history undermined counsel’s effectiveness.
- Townes argued that Mississippi Code Annotated §97-3-7 is unconstitutional, but the claim was deemed procedurally barred for lack of authority cited.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Newly discovered evidence to overturn conviction | Townes asserts self-defense evidence was newly discovered | State argues defense existed at plea and evidence was available then | Meritless; plea precludes new-self-defense evidence recovery |
| Ineffective assistance of counsel | Townes claims counsel was ineffective despite sworn plea testimony | State argues no basis since Townes praised counsel under oath | Meritless; sworn plea testimony stands as credibility weight |
| Constitutionality of §97-3-7 | Townes contends statute is unconstitutional | State asserts procedural bar for lack of authority cited | Procedurally barred; no authority cited |
Key Cases Cited
- Hoskins v. State, 812 So.2d 1043 (Miss.Ct.App.2001) (self-defense claims raised post-plea rejected as unavailable new evidence)
- Jenkins v. State, 986 So.2d 1031 (Miss.Ct.App.2008) (newly discovered evidence exception does not apply to guilty pleas)
- Jones v. State, 915 So.2d 511 (Miss.Ct.App.2005) (concept of newly discovered evidence in pleas context)
- Lee v. State, 78 So.3d 330 (Miss.2012) (standard of review for PCR; de novo on issues of law)
- Jackson v. State, 815 So.2d 1196 (Miss.2002) (establishes totality of circumstances standard for ineffective assistance)
- Brasington v. State, 760 So.2d 18 (Miss.Ct.App.1999) (sanctions deference to sworn statements in plea context)
- Templeton v. State, 725 So.2d 764 (Miss.1998) (consideration of sworn plea testimony in evaluating claims)
- Martin v. State, 43 So.3d 533 (Miss.Ct.App.2010) (procedural bar considerations in constitutional challenges)