Riley v. State
| Docket Number: | 2001-CP-01291-COA Linked Case(s): 2001-CT-01291-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: King, P.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., Southwick, P.J., Bridges, Thomas, Lee, Irving, 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: 08-08-2001 Appealed from: Holmes County Circuit Court Judge: Jannie M. Lewis Disposition: DENIED MOTION FOR EVIDENTIARY HEARING AND SUMMARY JUDGMENT District Attorney: James H. Powell, III Case Number: 10,420 |
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| Note: | Appellant's motion for clarification or correction of opinion is granted. Appellant's motion for rehearing is denied. Griffis, J., not participating. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Willie Earl Riley a/k/a Willie E. Riley |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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: | The motion for clarification or correction of opinion is granted, and this opinion is substituted for the original opinion. Willie Riley entered a plea of guilty to murder and was sentenced to serve a term of life. He filed a motion for an evidentiary hearing and summary judgment based upon a claim of ineffective assistance of counsel which the court denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Riley argues that his plea was involuntary because his counsel induced him to enter the plea. A plea is voluntary if the defendant was advised about the nature of the crime charged against him and the consequences of the guilty plea. Riley was thoroughly questioned on the record regarding his understanding of the crime charged, the applicable sentencing, and the waiver of his constitutional rights. The record shows that Riley had a rational mind and was in complete understanding of every matter that he was advised of by the court and there was no indication that he was induced to enter the plea. Riley also argues that the court illegally sentenced him, because he was a first time offender and a life sentence without parole could not be imposed upon a first time offender as a matter of law. Section 97-3-21 provides that every person convicted of murder shall be sentenced by the court to imprisonment for life in the State Penitentiary. Riley signed a petition to enter a guilty plea and did not present his case before a jury. Absent a jury trial, life was the only sentence available for his plea to the murder charge. Riley also argues that his counsel failed to investigate his status and that this failure induced him into entering the plea which resulted in an illegal sentence. However, the record shows that Riley indicated that he voluntarily entered the plea, that he was not influenced, or coerced to enter the plea, and that he was satisfied with his counsel's performance. Therefore, the court acted within its authority to rule on Riley's motion without an evidentiary hearing. Issue 2: Ineffective assistance of counsel Riley argues that his counsel failed to investigate his assertion that he was not an habitual offender and that as a result he was induced into entering the guilty plea. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. Riley indicated that he was satisfied with his counsel's performance. Riley provides nothing to indicate that he was induced and even if his claim is taken as true, the information and the advice that his counsel provided does not rise to the level of ineffective assistance. |
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