White v. State
59 So. 3d 633
| Miss. Ct. App. | 2011Background
- White was sentenced in 1981 to life imprisonment for capital murder; other convictions followed for aggravated assault and two armed robberies.
- He was indicted in 1980 on aggravated assault, armed robbery, and capital murder with a separate underlying armed robbery.
- The capital-murder conviction was by jury; death penalty not imposed; sentences on other offenses run consecutively for a total of 75 years.
- In 2008, White filed a pro se post-conviction relief (PCR) motion arguing ineffective assistance of counsel; circuit court dismissed as a successive writ.
- The court applied UPCCRA procedural bars (successive-writ and time bar) and found no merit; no exception applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the UPCCRA procedural bars bar review | White argues exception to bars should apply | State maintains bars apply and no valid exception | Bars applied; no meritorious exception shown |
| Whether newly discovered evidence warrants relief | White asserts new evidence shows domination defense | State argues evidence not shown as new or conclusive | Exception not satisfied; evidence unsupported |
| Whether ineffective assistance of counsel claim survives procedural bars | White contends counsel failed various duties | State contends record insufficient to prove deficiency or prejudice | No substantial showing; claim procedurally barred |
Key Cases Cited
- Williams v. State, 872 So. 2d 711 (Miss. Ct. App. 2004) (clear-error standard for findings of fact; de novo for law)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (fundamental-rights exception to procedural bars)
- Adams v. State, 954 So. 2d 1051 (Miss. Ct. App. 2007) (statutory exception burden on movant)
- Jackson v. State, 860 So. 2d 653 (Miss. 2003) (burden to show statutory exceptions satisfied)
- Chandler v. State, 44 So. 3d 442 (Miss. Ct. App. 2010) (constitutional-rights claims require basis for truth to overcome bars)
- Beene v. State, 910 So. 2d 1152 (Miss. Ct. App. 2005) (ineffective-assistance analysis under Strickland)
- Vielee v. State, 653 So. 2d 920 (Miss. 1995) (reiterates insufficiency of bare affidavits for PCR)
- Robinson v. State, 19 So. 3d 140 (Miss. Ct. App. 2009) (procedural-bar framework for PCR review)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance)
- Santiago v. State, 773 So. 2d 921 (Miss. 2000) (standard for review of procedural questions)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (fundamental-rights exceptions to UPCCRA bars)