Clark v. State
| Docket Number: | 2001-CP-01853-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-14-2003 Opinion Author: King, P.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., 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: 07-09-2001 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: CV2001-0047BP1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Patrick Evans Clark a/k/a Patrick E. Clark |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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: | Patrick Clark pled guilty to a charge of capital murder and was sentenced as an habitual offender to life imprisonment without the possibility of parole. Clark filed a petition for post-conviction collateral relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Clark argues that he was denied effective assistance of counsel, because his attorney refused to file motions requesting funds to hire a criminal investigator in preparation for his defense and funds to provide for expert assistance and a psychiatric examination and had no prior experience in defending capital murder cases. To prove his claim, he must show that his attorney’s conduct was deficient and prejudicial. Clark fails to show how this lack of prior experience prejudiced his defense. In addition, he has failed to show that the filing of the motions would have resulted in a different outcome. An attorney's choice of whether or not to file certain motions falls within the ambit of trial strategy. Issue 2: Voluntariness of plea Clark argues that his guilty plea was not voluntarily made, because he was pressured by his attorney against his will to plead guilty. A plea of guilty is not voluntary if induced by fear, violence, deception, or improper inducements. Here, the judge asked Clark if he had been mistreated or threatened by anyone in any way in order to plead guilty, and Clark indicated that he had not. Clark also acknowledged that no one had used any form of trickery, deceit, or promised him leniency or mercy in exchange for his guilty plea. Therefore, the record supports the finding of the trial court that Clark's plea was voluntarily made. |
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