Rankins v. State
| Docket Number: | 2001-CP-01821-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2003 Opinion Author: Chandler, 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, Myers and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 11-06-2001 Appealed from: Wayne County Circuit Court Judge: Robert Bailey Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF BE AND HEREBY DISMISSED. District Attorney: Bilbo Mitchell Case Number: CV-2001-129(B) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kendrick Rankins |
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 - Ineffective assistance of counsel - Voluntariness of plea |
| Summary of the Facts: | Kendrick Rankins pled guilty to sale of cocaine and was sentenced to eight years. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Rankins argues that he received ineffective assistance of counsel, because his attorney failed to meet with him prior to date of trial, failed to discuss with him potential defenses, failed to advise him on alternatives to pleading guilty, and failed to explain to him the consequences associated with pleading guilty. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. Failure to make pretrial investigations and to spend more time with the client is insufficient as a matter of law to show that an attorney is ineffective absent a showing that the attorney's alleged errors resulted in a guilty plea. Besides Rankins's bald assertions of ineffective assistance, he offers no proof to support his allegations. Issue 2: Voluntariness of plea Rankins argues that his plea was not voluntarily made because he was coerced by his counsel. A plea is voluntary where the defendant is advised concerning the nature of the charge against him and the consequences of the plea. The record shows that Rankins's attorney gave him only advice as to what the situation could entail if he did not plead. Advising a client of the possibility of receiving the maximum sentence if the case goes to trial is not a form of coercion. |
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