190 So. 3d 872
Miss. Ct. App.2015Background
- McMickle was stopped for a traffic violation; police found cocaine in his car, he confessed, and agreed to act as a confidential informant.
- He was indicted for possession of 2+ but less than 10 grams of cocaine, pled guilty, and the court withheld adjudication and placed him on probation (drug court).
- While on probation, McMickle was later charged in a separate case with possession and sale of cocaine; the State moved to revoke probation.
- The circuit court revoked probation, adjudicated guilt, and sentenced McMickle to 12 years with credit for time served.
- McMickle filed a pro se post-conviction relief (PCR) motion raising multiple constitutional claims; the trial court denied relief, and he appealed.
- The Court of Appeals affirmed, addressing four preserved issues: factual basis for plea, voluntariness of plea, double jeopardy, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument (McMickle) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Factual basis for guilty plea | Plea lacked factual basis because net cocaine weight (after fillers) was <2g and substance may not have been cocaine | Plea petition admitted possession of 2.3g; that admission supplies a factual basis | Court: Plea petition statement sufficed; no merit to claim |
| Voluntariness of guilty plea | Plea was coerced: counsel threatened max sentence if he withdrew; counsel promised only a 3-year max upon probation revocation; pleaded in "heat of passion" | Plea petition contained sworn statements that plea was free, voluntary, and that sentence was up to the court | Court: Sworn plea statements carry great weight; no corroborating evidence of coercion; plea was voluntary |
| Ineffective assistance of counsel | Counsel failed to file motions (withdraw confession, enforce alleged plea agreement, withdraw plea, obtain lab reports) and used coercive/misleading tactics | McMickle stated under oath he was satisfied with counsel; no proof counsel’s acts prejudiced outcome | Court: Applying Strickland, no deficient performance shown or no prejudice proven; claim fails |
| Double jeopardy | He already "served his time" by working as CI and was thereafter prosecuted/adjudicated again for the same offense | He was not previously acquitted or convicted; only one punishment imposed for the possession charge | Court: No double jeopardy violation; claim without merit |
Key Cases Cited
- Palmer v. State, 140 So. 3d 448 (Miss. Ct. App. 2014) (factual-basis requirement for accepting guilty plea)
- Joiner v. State, 61 So. 3d 156 (Miss. 2011) (knowing and voluntary plea waives various constitutional rights)
- Williams v. State, 119 So. 3d 404 (Miss. Ct. App. 2013) (guilty plea waives non-jurisdictional defects including speedy and public jury trial rights)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part ineffective-assistance-of-counsel test)
- Woods v. State, 71 So. 3d 1241 (Miss. Ct. App. 2011) (defendant’s affidavit alone insufficient to prove PCR allegations)
- Thomas v. State, 845 So. 2d 751 (Miss. Ct. App. 2003) (discussion of double jeopardy in sentencing/revocation context)