57 So. 3d 683
Miss. Ct. App.2011Background
- Wright, age 22, indicted on two counts of armed robbery under §97-3-79; pled guilty to one count, other count nol pros.
- On August 18, 2008, Wright was sentenced to 20 years in MDOC custody.
- November 12, 2009, Wright filed a PCR motion; Warren County Circuit Court denied it as meritless for lack of ineffective assistance.
- On appeal, Wright argues he received ineffective assistance of counsel and that his confession was involuntary and improperly obtained.
- The court applies Strickland v. Washington two-prong standard for ineffective assistance of counsel.
- The appellate court affirms the circuit court’s denial of Wright’s PCR motion, finding no merit to the claims and deeming an evidentiary hearing unnecessary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not suppressing confession and pressing suppression | Wright contends counsel failed to pursue suppression and that confession was involuntary | Wright relies on involuntariness and improper interrogation during arrest | No error; claims fail under Strickland two-prong test |
| Ineffective assistance for inadequate investigation of confession circumstances | Wright asserts counsel failed to investigate the confession circumstances | Wright’s representations at plea show satisfaction with counsel | No error; insufficient evidence to warrant an evidentiary hearing |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- Pevey v. State, 914 So.2d 1287 (Miss. Ct. App. 2005) (waived pre-plea constitutional challenges by guilty plea)
- Swindoll v. State, 859 So.2d 1063 (Miss. Ct. App. 2003) (reliance on defendant's satisfaction with counsel in plea context)
- Vielee v. State, 653 So.2d 920 (Miss. 1995) (affidavits insufficient to establish ineffective assistance)
- Battaya v. State, 861 So.2d 364 (Miss. Ct. App. 2003) (pre-plea constitutional issues barred after guilty plea)
- Brown v. State, 731 So.2d 595 (Miss. 1999) (standard for reviewing factual findings in PCR appeals)
- Bank of Miss. v. S. Mem'l Park, Inc., 677 So.2d 186 (Miss. 1996) (deference to trial court findings; questions of law reviewed de novo)