Brown v. State


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Docket Number: 2003-CP-00584-COA
Linked Case(s): 2003-CT-00584-COA ; 2003-CP-00584-COA

Court of Appeals: Opinion Link
Opinion Date: 04-06-2004
Opinion Author: Griffis, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 02-11-2003
Appealed from: Pike County Circuit Court
Judge: Mike Smith
Disposition: POST-CONVICTION RELIEF DENIED
District Attorney: Dee Smith
Case Number: 03-023-B

  Party Name: Attorney Name:  
Appellant: Clara Brown




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN  

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Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel

Summary of the Facts: Clara Brown pled guilty to murder and was sentenced to life imprisonment. She filed a motion for post-conviction relief which the court denied. She appeals.

Summary of Opinion Analysis: Issue 1: Voluntariness of plea Brown argues that her guilty plea was involuntary because she believed she was pleading guilty to manslaughter based on statements made by her counsel. A plea is voluntary if the defendant is advised about the nature of the charge and the consequences of the entry of the plea. However, Brown did not produce any evidence of what statements her counsel made that caused her to believe that she was pleading guilty to manslaughter. In addition, the record contradicts her claim. The judge fully explained the nature of the charges and the consequences of her guilty plea. Issue 2: Ineffective assistance of counsel Brown argues she received ineffective assistance of counsel, because her counsel failed to properly advise her of the maximum penalty and statements made by her counsel caused her to believe that she was pleading guilty to manslaughter. Again, Brown provided no evidence to support her claim that she believed she was pleading guilty to manslaughter. In addition, she acknowledged that her counsel explained the indictment and elements of the crime to her and that she was satisfied with her counsel's representation.


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