Tenner v. State
| Docket Number: | 2002-CA-01965-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-23-2004 Opinion Author: Southwick, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Competency - Ineffective assistance of counsel Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
|
| Trial Court: |
Date of Trial Judgment: 03-19-2003 Appealed from: Jefferson County Circuit Court Judge: Lamar Pickard Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED District Attorney: Alexander C. Martin Case Number: 2003-4 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Adrian T. Tenner |
MELVIN G. COOPER |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
|
|
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. |
|
| Topic: | Post-conviction relief - Voluntariness of plea - Competency - Ineffective assistance of counsel |
| Summary of the Facts: | Adrian Tenner entered a guilty plea to a charge of aggravated assault. He filed a petition for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Tenner argues that his plea was coerced, because he was incompetent to make a decision regarding entering a plea and his attorney said that he would receive the maximum sentence if he didn't enter the plea. A plea is considered voluntary if the defendant knows the elements of the charge against him, understands the charge's relation to him, what effect the plea will have, and what sentence the plea may bring. Tenner's statements at the plea hearing along with the plea petition contradict his claim that his plea was involuntarily and unintelligently entered. With regard to competency to enter a guilty plea, the State has a duty to show that the defendant has a rational understanding of the charges against him and the ability to assist his lawyer in designing a defense. Tenner's post-conviction offering of the special education records and assessment from the school district does not create an issue of competency. Issue 2: Ineffective assistance of counsel Tenner argues that he received ineffective assistance of counsel, because his attorney did not advise him of his plea agreement, spent only three minutes with him before the plea, and coerced him into pleading guilty by failing to allow his mother to participate in discussions. However, he affirmed to the court that he was pleased with his attorney's representation of his case, that there was no problem with his attorney and that the decision to enter a guilty plea was his. The affidavits offered by Tenner and his mother do not prove constitutional deficiency. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
