Kearley v. State
| Docket Number: | 2002-CP-00553-SCT Linked Case(s): 2002-CP-00553-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 05-15-2003 Opinion Author: Waller, J. Holding: Affirmed in Part; Reversed and Rendered in Part |
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| Additional Case Information: |
Topic: Post-conviction relief - Competency - Ineffective assistance of counsel - Indefinite sentence - Disproportionate sentence - Constitutionality of section 97-3-95 - Sanctions Judge(s) Concurring: Pittman, C.J., Smith, P.J., Cobb, Diaz, Carlson and Graves, JJ. Concur in Part, Dissent in Part 1: McRae, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion Concurs in Result Only: Easley, J., Concurs in Result Only Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-21-2002 Appealed from: Marion County Circuit Court Judge: R. I. Prichard, III Disposition: Dismissed the petition for post-conviction relief. District Attorney: Claiborne McDonald Case Number: 2002-0060 |
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| Consolidated: 2002-CP-00552-SCT Robert Calhoun v. State of Mississippi; Marion Circuit Court; LC Case #: 2002-0060; Ruling Date: 03/21/2002; Ruling Judge: R. I. Prichard, III | ||
| Party Name: | Attorney Name: | |||
| Appellant: | Victor Kearley |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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 - Competency - Ineffective assistance of counsel - Indefinite sentence - Disproportionate sentence - Constitutionality of section 97-3-95 - Sanctions |
| Summary of the Facts: | Robert Calhoun pled guilty to the charge of sexual battery and was sentenced to thirty years, with ten suspended. He filed a petition for post-conviction relief drawn up by writ writer Victor Kearley. The court summarily dismissed the petition as frivolous and sanctioned both Calhoun and Kearley for filing a frivolous pleading. They appeal. |
| Summary of Opinion Analysis: | Issue 1: Competency Calhoun argues that he was incompetent. However, Calhoun underwent two separate psychiatric evaluations prior to the entry of the guilty plea, and he was found to be competent to stand trial and competent to have understood the difference between right and wrong and has produced no new evidence to show that the psychiatrists were mistaken in their conclusions. Issue 2: Ineffective assistance of counsel Calhoun argues that defense counsel was ineffective by asking for several continuances, failing to get him out on bond, failing to investigate certain character references, allowing him to plead guilty when he did not understand what he was doing, coercing him to plead guilty by promising a five-year sentence, failing to object to the "harsh" sentence imposed upon him, and failing to develop a defense. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. When even Calhoun claims that he is incompetent, it is frivolous to claim that he was prejudiced by postponing his trial so that he could undergo psychiatric evaluations. Calhoun cannot show that he was prejudiced in any way by failing to be released on bond. He does not show what the character references were and how he was prejudiced by counsel's failure to investigate. He affirmatively stated that no one had made any promises to him regarding his sentence. The sentence he received was within statutory limits. Indeed, counsel's efforts were praiseworthy since he was able to get a capital rape charge reduced to a sexual battery charge even in light of the explicit confession given by Calhoun. Issue 3: Indefinite sentence Calhoun argues that the sentence is impermissibly indefinite because ten years of his sentence may be suspended if certain conditions are met. However, making a suspension contingent upon certain conditions is absolutely permissible. Issue 4: Disproportionate sentence Calhoun argues that his sentence is disproportionate to the crime. Calhoun was sentenced to thirty years, with ten years suspended, which is well within the statutory limits. Issue 5: Constitutionality of statute Calhoun argues that section 97-3-95 is unconstitutional. A statute so indefinite that it encourages arbitrary and erratic arrests and convictions is void for vagueness. The Court has previously ruled that section 97-3-95 is not unconstitutionally vague. Issue 6: Sanctions In determining whether a case brought in forma pauperis should be dismissed as frivolous, a court must decide whether the complaint has a realistic chance of success, whether the complaint presents an arguably sound basis in law, and whether the complainant can prove any set of facts that would warrant relief. Most of Calhoun's petition was at least arguable, and the merits of those issues should have been addressed and not summarily dismissed. The dismissal, however, was harmless in view of the fact that the petition's claims are without merit and/or frivolous. The imposition of sanctions is reversed and rendered. |
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