Vincent N. Creppel v. State of Mississippi
199 So. 3d 715
| Miss. Ct. App. | 2016Background
- In 2003 Vincent Creppel stabbed Darrell Davis multiple times during a visit; Davis survived but was left wheelchair-bound.
- In July 2005 a grand jury indicted Creppel for armed robbery and aggravated assault; Creppel pleaded guilty on August 2, 2005 and received concurrent prison terms (30 years and 20 years, day for day).
- Creppel filed a first postconviction relief (PCR) motion in November 2010 (over five years after the plea); the trial court denied it as time-barred and on the merits; this Court affirmed in Creppel v. State.
- On August 27, 2015 Creppel filed a second PCR motion; the trial court dismissed it as untimely under the three-year statute for guilty pleas (Miss. Code Ann. § 99-39-5(2)) and found no basis for relief on the record.
- Creppel appealed, arguing the plea was invalid, the indictment was defective, the State failed to prove armed robbery, the court misstated possible sentences, and that an evidentiary hearing was required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of PCR motion | Creppel contends his second PCR is permissible | State: motion filed more than three years after judgment; no statutory exception shown | Dismissed as time-barred; court lacked jurisdiction |
| Validity/voluntariness of guilty plea | Plea was involuntary and court lacked factual basis | Prior plea colloquy established understanding; plea waives many claims | Court declined to reach merits because timeliness was dispositive |
| Indictment sufficiency for armed robbery | Indictment omitted an essential element | Nonjurisdictional defects waived by valid guilty plea | Waived by plea; not considered due to timeliness bar |
| Need for evidentiary hearing | Creppel requested hearing | Trial court: record and filings show no entitlement to relief; hearing unnecessary | No error in dismissing without an evidentiary hearing |
Key Cases Cited
- Creppel v. State, 75 So. 3d 1127 (Miss. Ct. App. 2011) (affirming dismissal of Creppel's earlier PCR as time-barred)
- Jackson v. State, 178 So. 3d 807 (Miss. Ct. App. 2014) (standard of review for PCR denials)
- Brandon v. State, 108 So. 3d 999 (Miss. Ct. App. 2012) (three-year statute of limitations is a procedural bar)
- Rowland v. State, 98 So. 3d 1032 (Miss. 2012) (exceptions for errors affecting constitutional rights)
- Pickle v. State, 115 So. 3d 896 (Miss. Ct. App. 2013) (PCR may be dismissed without an evidentiary hearing when record shows no relief is warranted)
- Scurlock v. State, 147 So. 3d 894 (Miss. Ct. App. 2014) (valid guilty plea waives nonjurisdictional defects)