Jones v. State
| Docket Number: | 2001-CA-01325-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-29-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Voluntariness of plea Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 07-27-2001 Appealed from: Union County Circuit Court Judge: R. Kenneth Coleman Disposition: POST-CONVICTION RELIEF DENIED District Attorney: James M. Hood, III Case Number: U-2001-21 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Troy Michael Jones |
CHARLES E. MILLER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Ineffective assistance of counsel - Voluntariness of plea |
| Summary of the Facts: | Troy Jones offered a plea of "no contest" to simple robbery. He was sentenced to eight years, with three years suspended. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Jones argues that his trial counsel was ineffective and that Jones's plea was involuntary. All the allegations, except one, regarding the ineffectiveness of counsel concern actions or omissions allegedly committed by counsel prior to or during Jones's trial which ended in a mistrial and had nothing to do with his no-contest plea. The one exception is the allegation that Jones's trial counsel led Jones to believe that Jones would get probation if he entered a plea of guilty. The record shows that the conduct of Jones's trial attorney which Jones says placed him under duress was far from what would be considered acts of duress. It can only be described as exceptionally good lawyering. Jones's trial counsel gave him an honest assessment of his chances of prevailing in a retrial and the consequences that would flow from a guilty verdict. Therefore, the court properly denied his motion. |
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