Traylor v. State
2011 Miss. App. LEXIS 401
Miss. Ct. App.2011Background
- Traylor pleaded guilty on February 19, 2008 to culpable-negligence manslaughter and felonious child abuse after the State reduced a prior depraved-heart murder charge to culpable-negligence manslaughter.
- On March 10, 2010, Traylor moved for post-conviction relief, which the circuit court denied.
- He appeals, asserting double jeopardy and ineffective assistance of counsel.
- The circuit court sentenced him to concurrent terms of twenty years and forty years, with five years of post-release supervision.
- The issues on appeal concern whether the plea on two charges arising from separate acts violated double jeopardy and whether counsel was ineffective.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the plea to felonious child abuse and culpable-negligence manslaughter violate double jeopardy? | Traylor argues double jeopardy due to same-crime basis. | State contends two separate acts justify separate offenses. | No double jeopardy violation; two distinct offenses established. |
| Was counsel ineffective for allowing a plea to two charges arising from the same crime? | Traylor claims counsel deficient for accepting the two charges. | State argues no deficiency given lack of prejudice and the plea record. | No ineffective-assistance violation; record supports satisfaction with counsel; no prejudice shown. |
Key Cases Cited
- Moore v. State, 986 So.2d 928 (Miss.2008) (factual findings reviewed for clear error; law de novo)
- Foreman v. State, 51 So.3d 957 (Miss.2011) (double-jeopardy protection from multiple punishments)
- Graves v. State, 969 So.2d 845 (Miss.2007) (double-jeopardy analysis framework)
- Tapper v. State, 47 So.3d 95 (Miss.2010) (distinguishes same-offense vs. different offenses)
- Wright v. State, 540 So.2d 1 (Miss.1989) (quoting Takeword about multiple prosecutions for different offenses)
- Doss v. State, 19 So.3d 690 (Miss.2009) (standard for ineffective assistance in PCR cases)
- Strickland v. Washington, 466 U.S. 668 (U.S.1984) (two-prong test for ineffective assistance)
- Coleman v. State, 749 So.2d 1003 (Miss.1999) (specificity requirements in PCR pleadings)
- Vielee v. State, 653 So.2d 920 (Miss.1995) (heightened specificity in PCR context)