Thomas v. State
| Docket Number: | 2010-CA-01730-COA Linked Case(s): 2010-CA-01730-COA ; 2010-CT-01730-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-31-2012 Opinion Author: Lee, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Sufficiency of evidence - Ineffective assistance of counsel Judge(s) Concurring: Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ. Concur in Part, Concur in Result 1: Irving, P.J., and Maxwell, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 09-29-2010 Appealed from: Washington County Circuit Court Judge: Margaret Carey-McCray Disposition: DENIED MOTION FOR POSTCONVICTION RELIEF Case Number: 2010-0088(CMC)(W) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Forrest Thomas, III |
ROBERT D. EVANS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER | ||
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 - Sufficiency of evidence - Ineffective assistance of counsel |
| Summary of the Facts: | Forrest Thomas pled guilty to manslaughter and kidnapping. Thomas was sentenced to serve twenty years on the manslaughter conviction and fifteen years on the kidnapping conviction. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Sufficiency of evidence Thomas argues he could not have been guilty of kidnapping because he was the father of the two children, and their mother, his ex-wife, was deceased at the time he kidnapped them; thus, the removal of the two children could not have been “against the will of their mother” as charged in the bill of information. A valid guilty plea admits all elements of a formal charge. During his plea colloquy, Thomas admitted that he had kidnapped his children against the will of their mother. Solemn declarations in court carry a strong presumption of verity. Issue 2: Ineffective assistance of counsel Thomas argues his trial counsel was ineffective for purportedly advising him that Thomas could beat the kidnapping charge on appeal. In support of his contention, Thomas provides affidavits from his father and brother. During Thomas’s plea colloquy, he admitted murdering his ex-wife and kidnapping their two children. Thomas also admitted he was satisfied with his trial counsel’s representation. Thomas further denied being threatened or pressured into pleading guilty. Solemn declarations in court carry a strong presumption of verity. Thus, this issue is without merit. |
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