Roderick v. State
| Docket Number: | 2001-CA-01933-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-04-2003 Opinion Author: Irving, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Waiver of rights 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 |
|
| Trial Court: |
Date of Trial Judgment: 11-19-2001 Appealed from: Lamar County Circuit Court Judge: Michael R. Eubanks Disposition: POST-CONVICTION RELIEF PETITION DENIED District Attorney: Claiborne McDonald Case Number: 2001-413 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | William Thomas Roderick |
KEVIN JEROME PAYNE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
|
|
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. |
|
| Topic: | Post-conviction relief - Ineffective assistance of counsel - Waiver of rights |
| Summary of the Facts: | William Roderick pled guilty to aggravated assault and was sentenced to twenty years, with eight suspended, and eight years' post-release supervision. Roderick filed a petition for post-conviction relief which the court denied. Roderick appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Roderick argues that his trial counsel's performance was deficient in that counsel failed to inform him of possible defenses, failed to inform him of the correct maximum and minimum sentence that could result from an open plea, and failed to conduct a minimum investigation of the case by neglecting to interview material witnesses and by failing to fully explore the merits of any defenses. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. Roderick's petition to enter a guilty plea outlines the minimum sentence as zero and maximum as twenty years. In addition, Roderick provides no proof that his attorney failed to investigate the effect of his prescription medication. In fact, the transcript of the plea hearing indicates that counsel was aware that Roderick was on prescription medication and informed the judge. Issue 2: Waiver of rights Roderick argues that the judge failed to advise him of the essential elements of the crime, the statutory maximum and minimum penalty, and the consequences of the entry of the guilty plea, particularly that certain constitutional rights were waived. However, the transcript of the plea hearing and the transcript of the sentencing hearing refute these allegations. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
