Johnson v. State
| Docket Number: | 2011-CP-00316-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-02-2012 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 02-02-2011 Appealed from: Humphreys County Circuit Court Judge: Jannie M. Lewis Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 6252 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Quincy Johnson |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD |
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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: | Quincy Johnson entered a plea of guilty to murder and was sentenced to life. He filed a motion for reconsideration and a motion for post-conviction relief, which the court dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Johnson argues that he was coerced and intimidated into pleading guilty to murder and he was promised he would be eligible for parole after serving ten years. A plea is voluntary and intelligent where the defendant is advised concerning the nature of the charge against him and the consequences of the plea. At the plea hearing, Johnson said he understood the contents of his guilty-plea petition and he did not have any questions about it. After being advised of the constitutional rights he was giving up by entering a guilty plea, Johnson indicated that he still wanted to plead guilty. When discussing his sentencing, Johnson asked the judge for clarification as to whether he was being sentenced to life with parole. The judge indicated that the sentence was life with parole but stated that Johnson should not “enter this plea based on that. . . . Because that [would be] up to MDOC whether or not [he would] get parole or the parole board . . . .” Thus, it is clear that Johnson voluntarily wished to plead guilty to the charge of murder. Issue 2: Ineffective assistance of counsel Johnson argues that he received ineffective assistance of counsel, because his attorney spent too much time persuading Johnson’s family to get him to plead guilty and his attorney informed him that he would be eligible for parole after serving ten years of his sentence. In PCR cases, where a party offers only his affidavit, then his ineffective assistance of counsel claim is without merit. Not only has Johnson failed to provide any affidavits to support his contention, but he reaffirmed at his guilty-plea hearing and in his guilty plea petition that he was satisfied with his attorney’s performance. |
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