270 So. 3d 1145
Miss. Ct. App.2018Background
- Jacob Wright pleaded guilty in Jackson County to statutory rape and sexual battery; sentenced to 14 years (concurrent) plus 16 years post-release supervision and a $1,000 fine.
- Wright filed a motion for post-conviction relief (PCR) challenging his conviction and sentence.
- He raised three claims: ineffective assistance of counsel, involuntariness of his guilty plea, and deprivation of his Sixth Amendment speedy-trial right.
- At plea and sentencing colloquy the court informed Wright there was no minimum sentence and the maximum exposure was sixty years; Wright stated he was satisfied with counsel and that his plea was willful.
- The circuit court denied PCR as meritless; the Court of Appeals reviews denial for abuse of discretion and affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Counsel told Wright he would get a 120-year sentence if he refused the plea recommendation | Counsel did not perform deficiently; plea colloquy and record contradict claim | Claim denied — no deficiency or prejudice shown |
| Involuntary plea | Plea was induced by counsel's alleged misinformation about sentence exposure | Court correctly informed Wright of sentencing range; plea was knowing and voluntary | Claim denied — plea was voluntary, knowing, intelligent |
| Speedy trial violation | Waiver of speedy-trial right invalid due to ineffective counsel | Guilty plea waived nonjurisdictional rights including speedy-trial; plea was voluntary | Claim denied — waiver valid because plea was voluntary |
Key Cases Cited
- Campbell v. State, 233 So.3d 904 (Miss. Ct. App. 2017) (standard of review for PCR denial)
- Crosby v. State, 16 So.3d 74 (Miss. Ct. App. 2009) (abuse-of-discretion review articulated)
- Carson v. State, 161 So.3d 153 (Miss. Ct. App. 2014) (Strickland standard applied in Mississippi PCR context)
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes ineffective-assistance two-prong test)
- Pittman v. State, 192 So.3d 1147 (Miss. Ct. App. 2016) (need for more than conclusory allegations in ineffective-assistance claims)
- Carpenter v. State, 899 So.2d 916 (Miss. Ct. App. 2005) (requirement for evidentiary support beyond affidavit in PCR ineffective-assistance claims)
- Watts v. State, 97 So.3d 722 (Miss. Ct. App. 2012) (affidavit-only claims of counsel ineffectiveness are generally without merit)
- Bolton v. State, 243 So.3d 796 (Miss. Ct. App. 2018) (plea may be involuntary if defendant is misinformed about sentencing range)
- Anderson v. State, 577 So.2d 390 (Miss. 1991) (guilty plea waives nonjurisdictional trial rights, including speedy trial)
- Kyles v. State, 185 So.3d 408 (Miss. Ct. App. 2016) (guilty pleas are binding when voluntary, knowing, and intelligent)