Smith v. State
| Docket Number: | 2002-CP-00383-COA Linked Case(s): 2002-CP-00383-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-25-2003 Opinion Author: Myers, 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, Irving, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 02-21-2002 Appealed from: Panola County Circuit Court Judge: Andrew C. Baker Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF IS DISMISSED. District Attorney: John W. Champion Case Number: CV2002-001BP2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Robert Smith |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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: | Robert Smith pled guilty to armed robbery and was sentenced to twenty years with thirteen years suspended. He filed a motion for post-conviction relief which the court dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Smith argues that his court-appointed counsel was ineffective because he failed to investigate Smith’s arrest and see that the statement given by Smith was inadmissable due to investigators’ tricks and failed to investigate Smith’s mental competency. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. Even if the police did make a promise, Smith has not shown that the outcome of his trial would have been different but for this alleged failure to meet professional standards. Issue 2: Voluntariness of plea Smith argues that his plea was not voluntarily entered. A plea is not voluntary if induced by fear, violence, deception, or improper inducements. The judge thoroughly questioned Smith to insure that he made an informed decision, and Smith indicated that he was not under the effects of alcohol or illegal drugs and that no one had lied or tricked him into pleading guilty. Therefore, his plea was voluntary. |
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