150 So. 3d 138
Miss. Ct. App.2014Background
- Riley was charged with murdering his girlfriend in 1999 and pled guilty to murder.
- He has repeatedly sought post-conviction relief, filing multiple PCR motions since 2000.
- The circuit court summarily dismissed his sixth PCR motion as untimely and barred by res judicata.
- Riley argues ineffective assistance of counsel and an involuntary guilty plea, plus alleged failure to inform him of rights during the plea.
- The appellate court reviews the circuit court’s dismissal for clear error and considers questions of law de novo.
- The court affirms dismissal, holding the sixth PCR motion barred by res judicata and the plea-adequacy claim contradicted by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether res judicata bars Riley’s sixth PCR claim of ineffective assistance | Riley contends ineffective assistance claims are exempt from bars | State argues res judicata applies to claims raised or should have been raised earlier | Yes; sixth PCR barred by res judicata |
| Whether Riley’s guilty-plea was knowing and voluntary | Riley claims the circuit court failed to inform rights waiving by pleading guilty | State maintains plea was properly on the record and rights were explained | Barred by res judicata; record shows proper inquiry |
Key Cases Cited
- Jones v. State, 119 So. 3d 323 (Miss. 2013) (res judicata applies to successive PCR motions)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (fundamental rights exceptions not controlling for UPCCRA bars)
- Riley v. State, 90 So. 3d 112 (Miss. Ct. App. 2011) (multiple prior PCR proceedings; discussion of timing and bar)
- Riley v. State, 848 So. 2d 888 (Miss. Ct. App. 2003) (prior affirmance on involuntary plea and ineffective assistance claims)
- Ivy v. State, 688 So. 2d 223 (Miss. 1997) (potential sanctions for frivolous PCR filings)
- Reed v. State, 70 So. 3d 1174 (Miss. Ct. App. 2011) (sanctions for frivolous post-conviction filings)