109 So. 3d 616
Miss. Ct. App.2013Background
- Whetstone indicted for capital murder in 1984; pled guilty on December 14, 1984, and was sentenced to life imprisonment.
- He filed a first PCR motion in 1996 alleging defective indictment and ineffective counsel; the circuit court dismissed and the Mississippi Supreme Court affirmed.
- A second PCR motion was filed on June 14, 2011 alleging defective indictment and involuntary plea; the circuit court dismissed as time-barred and as a successive writ.
- Mississippi courts held PCR motions in capital cases must be filed within one year after conviction; Whetstone filed decades late.
- A successive-writ bar applies unless an exception in § 99-39-23(6) is proven; no applicable exception was shown.
- The court also addressed collateral claims: no reversible error in the guilty-plea validity or the indictment defects raised.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PCR motion is time-barred | Whetstone contends exceptions apply | State argues time bar governs | Time-bar applies; motion untimely |
| Whether the PCR motion is procedurally barred as a successive writ | Whetstone seeks relief not previously resolved | State cites § 99-39-23(6) bar and lack of exceptions | Procedurally barred as successive writ |
| Whether the guilty plea was involuntary | Plea was involuntary due to lack of plea petition and coercion | Plea valid; no transcript or affidavits show invalidity | Plea presumed valid; issue meritless |
| Whether the indictment was defective | Indictment lacked form, affidavits, capias, etc. | Plea waives non-jurisdictional defects; underlying felony named suffices | Indictment's defects waived; notice adequate; issue meritless |
Key Cases Cited
- Jackson v. State, 67 So.3d 725 (Miss.2011) (PCR review standard: de novo for questions of law; clear-error standard)
- Hannah v. State, 943 So.2d 20 (Miss.2006) (burden to show plea invalid if challenged)
- Joiner v. State, 61 So.3d 156 (Miss.2011) (indictment defects waived by guilty plea absent jurisdictional issues)
- Stevens v. State, 808 So.2d 908 (Miss.2002) (notice of charges when underlying felony named; burglary exception)