Tyler Graham v. State of Mississippi
151 So. 3d 242
| Miss. Ct. App. | 2014Background
- Graham indicted Oct. 24, 2006 for aggravated assault and armed robbery; pled guilty Nov. 20, 2006; sentenced to 20 years (aggravated assault) and 25 years (armed robbery), consecutive? actually concurrent; both s in DOC custody.
- Graham filed PCR on Jun. 7, 2013 and motion to vacate conviction on Jul. 12, 2013.
- Circuit court consolidated the motions, denied PCR as time-barred under UPCCRA §99-39-5(2).
- Trial judge concluded three-year statute of limitations barred relief; court found no merit in assignments of error.
- On appeal, Graham argues ineffective assistance of counsel for incorrect parole-eligibility advice, intervening Supreme Court decisions warrant review, and Double Jeopardy concerns; the State argues time-bar and lack of merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Parole-eligibility advice/time-bar | Graham; ineffective assistance exceptions apply due to constitutional rights | Graham; UPCCRA time bar not applicable to constitutional-right claims | No merit; claims barred by UPCCRA and lack of supporting evidence |
| Relief for ineffective assistance of counsel | Graham entitled to relief due to counsel's advice | No relief due to procedural bars and lack of affidavits | No relief; ineffective-assistance claim procedurally barred and unsupported by record |
| Intervening Supreme Court decisions | Padilla and Frye require review of guilty plea and convictions | Padilla/Frye do not affect Graham's outcome; not intervening caselaw | No merit; not controlling for Graham's convictions |
| Double Jeopardy violation | Armed robbery and aggravated assault violate Double Jeopardy as same violent act | Blockburger test shows two separate offenses requiring different elements | No double jeopardy violation; two separate offenses established |
Key Cases Cited
- Bates v. State, 126 So.3d 990 (Miss. Ct. App. 2013) (UPCCRA time-bar exceptions; intervening decisions requirement)
- Rowland v. State, 98 So.3d 1032 (Miss. 2012) (constitutional-rights exceptions to UPCCRA barred; reviewed as precedent)
- Stovall v. State, 873 So.2d 1056 (Miss. Ct. App. 2004) (necessity of showing basis for truth to waive time bar)
- Thomas v. State, 930 So.2d 1264 (Miss. Ct. App. 2005) (two offenses with separate elements not barred by double jeopardy)
- Padilla v. Kentucky, 559 U.S. 356 (2010) (ineffective assistance based on failure to inform on immigration consequences)
- Frye v. United States, 132 S. Ct. 1399 (2012) (ineffective assistance; failure to inform about plea offer terms)
- Salter v. State, 64 So.3d 514 (Miss. Ct. App. 2010) (fundamental-rights exception to maintain merits review)