Jimmy Wayne Wright entered a guilty plea to the malice murders of James William Jackson and Tina Michelle McAdams and was sentenced to life without parole.
1. Wright contends that his guilty plea was involuntary because one of his two attorneys informed him that he was not going to receive a fair trial in Haralson County, he would be sentenced to death if he proceeded to trial, and he would never see his family again if convicted. Relying on the plea hearing transcript, negotiated plea agreement, and waiver of rights form, the trial court found that
To determine whether a guilty plea is valid, the record must show that the defendant understands the plea and the constitutional rights that he is relinquishing. Boykin v. Alabama,
In this case, the negotiated plea agreement, waiver of rights form, and testimony from the guilty plea hearing and hearing on the motion to withdraw establish that Wright was advised of his constitutional rights and freely entered his plea of guilty. The record shows that Wright was 37 years of age, had completed the ninth grade, was able to read and write, was not under the influence of drugs or alcohol, did not have any mental health problems, and had not been threatened by anyone to plead guilty. The trial court informed Wright of the constitutional rights that he was waiving by entering a guilty plea, including the right to a trial by jury, the right to confront witnesses, and the right against self-incrimination. See Boykin,
The only evidence that the plea was not voluntary is Wright’s testimony at the hearing on his motion to withdraw, which was contradicted by the testimony of trial counsel who served as the lead
2. To establish a claim of ineffective assistance of counsel, the defendant must show that counsel’s performance was deficient and the deficient performance prejudiced the defense. Strickland v. Washington,
Wright alleges that both of his trial counsel were ineffective for failing to properly investigate the facts before advising him to plead guilty, arguing that a proper investigation might have uncovered evidence that someone other than Wright was the actual shooter or that one victim had associates who wanted her dead. He does not, however, identify a new line of inquiry that counsel should have undertaken or offer any evidence that further investigation would have uncovered. At the hearing on the motion to withdraw, one of his attorneys testified that he reviewed the State’s discovery and the results of the defense’s investigation, including information gathered by the mitigation investigator. In addition, he and co-counsel met several times with Wright and discussed the forensic evidence, potential witnesses, and possible defenses with him. In particular, the defense team explored the possibility that one witness had a
Judgment affirmed.
Notes
The crimes occurred on March 3, 2005. A Haralson County grand jury made a special presentment on May 3, 2005, charging Wright with two counts of malice murder, two counts of felony murder, and two counts of aggravated assault. The State filed a notice of intent to seek the death penalty. On March 17, 2008, Wright pleaded guilty to all six counts, and the trial court sentenced him to life imprisonment without parole on the two malice murder counts; the remaining four counts merged or were vacated by operation of law. On April 11, 2008, Wright filed a motion to withdraw his plea; a hearing was held on March 16, 2012; and the trial court denied the motion on July 3, 2012. Wright filed a timely notice of appeal in the Court of Appeals, which transferred the appeal to this Court on September 10, 2012. The appeal was docketed for the January 2013 term of this Court and submitted for decision on the briefs.