288 So.3d 381
Miss. Ct. App.2019Background
- In March–April 2014 Gordon committed two separate assaults: she shot her boyfriend (aggravated domestic violence) and later stabbed a jail correctional officer (aggravated assault on a law enforcement officer).
- Indicted on both counts, appointed counsel John Piazza moved for psychiatric evaluation; Dr. Criss Lott (psychologist) and Dr. Mark Webb (psychiatrist) evaluated Gordon and both concluded she was competent to stand trial, though Dr. Lott noted mental illness and possible mitigating factors.
- In November 2015 Gordon pled guilty after a competency hearing; the court accepted the plea, finding a factual basis and Gordon’s competence, and imposed consecutive fifteen-year sentences (ten years to serve on each).
- In November 2017 Gordon filed a post-conviction-relief (PCR) motion (treated by the court as such) alleging (1) she lacked competency to enter a voluntary guilty plea and (2) she received ineffective assistance of counsel; the circuit court summarily denied relief.
- Gordon filed an untimely motion for reconsideration and filed her appeal; although the appeal was technically untimely, the Court of Appeals exercised jurisdiction (citing Wilburn) and addressed the merits.
- The Court of Appeals affirmed: it found ample record evidence of competence and that Gordon’s ineffective-assistance claim (which largely alleged coercion and counsel’s failure to pursue mental-health defenses) was conclusory and unsupported.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Competency to enter a voluntary guilty plea | Gordon: mental illness and delusions rendered her incompetent to plead guilty | State: two experts found competence; colloquy and plea hearing show understanding and voluntariness | Court: Plea was voluntary and Gordon was competent (record supports doctors’ opinions and her testimony) |
| Ineffective assistance of counsel | Gordon: Piazza refused to try case, coerced plea (threatened "80-year" sentence), and failed to present mental-health defenses | State: counsel sought psychiatric exams and used those evaluations; plea hearing shows satisfaction with counsel; claim is conclusory | Court: Claim fails Strickland test; conclusory allegations without affidavit/evidence insufficient; claim denied |
| Timeliness / Jurisdiction | Gordon: appeal of PCR denial | State: appeal appeared untimely (late notice of appeal after an untimely Rule 59 motion) | Court: exercised jurisdiction despite timing issues (citing Wilburn) and reached merits |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-prong ineffective-assistance test: deficient performance and prejudice)
- Worth v. State, 223 So. 3d 844 (Miss. Ct. App. 2017) (guilty plea waives ineffective-assistance claims except as they bear on voluntariness; must show but-for causation)
- Pitchford v. State, 240 So. 3d 1061 (Miss. 2017) (defendant bears burden to prove incompetence by substantial evidence)
- Gross v. State, 954 So. 2d 438 (Miss. Ct. App. 2006) (competency to plead is same standard as competency to stand trial)
- Wilburn v. Wilburn, 991 So. 2d 1185 (Miss. 2008) (court may accept an otherwise untimely appeal where the appellee does not raise timeliness and equities justify review)