Herrod v. State
| Docket Number: | 2003-CP-01011-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-06-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| 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, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 04-15-2003 Appealed from: Calhoun County Circuit Court Judge: Andrew K. Howorth Disposition: DENIAL OF POST-CONVICTION RELIEF District Attorney: James M. Hood, III Case Number: C2003-004 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kevin Herrod |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel |
| Summary of the Facts: | Kevin Herrod pled guilty to the sale of a controlled substance and was sentenced to fifteen years with seven years suspended. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Herrod argues that his guilty plea was involuntary because of his diminished mental capacity. A plea is considered voluntary where the defendant is advised concerning the nature of the charge against him and the consequences of the plea. The record belies Herrod's claim. He was specifically asked about his alleged mental condition and whether it would prevent him from understanding the consequences of entering a plea of guilty. He stated that his mental condition would not affect his decision to enter a plea of guilty. In addition, the judge made specific findings of fact as Herrod’s age, education, and competency. Issue 2: Ineffective assistance of counsel Herrod argues that he received ineffective assistance of counsel because his attorney failed to subject the State’s case to a meaningful adversarial setting, failed to investigate all of the information relating to his innocence, failed to ensure that he completely understood the plea, and failed to secure the proper medical authorities to examine him. All of Herrod’s claims are contradicted both by his sworn statements given in his petition to enter a guilty plea and in front of the court at the plea hearing. |
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