Brooks v. State
| Docket Number: | 2005-CP-02108-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-03-2007 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel - Motion for recusal Judge(s) Concurring: Lee and Myers, P.JJ., Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 10-12-2005 Appealed from: Clay County Circuit Court Judge: Lee J. Howard Disposition: DEFENDANT’S MOTION FOR POSTCONVICTION RELIEF DENIED Case Number: 2005-0186 |
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| Party Name: | Attorney Name: | |||
| Appellant: | MICHAEL BROOKS |
MICHAEL BROOKS (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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 - Motion for recusal |
| Summary of the Facts: | Michael Brooks pled guilty to statutory rape and was sentenced to twenty years, with five years post release supervision. Brooks filed a post-conviction relief petition which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Brooks argues that the court erred in accepting his guilty plea because he entered the plea due to the erroneous advice of his counsel. However, the guilty plea petition shows that Brooks received adequate notification of the applicable sentencing range. Issue 2: Ineffective assistance of counsel Brooks argues that the court erred in dismissing his ineffective assistance of counsel claim without conducting an evidentiary hearing. Motions arguing ineffective assistance of counsel must allege with specificity and detail that counsel’s performance was defective and the deficient performance prejudiced the defense. The trial judge was well within his discretion in finding that Brooks’ pleadings did not allege ineffective assistance of counsel with enough specificity. In addition, Brooks’ admission of guilt to the crime, along with his signed and notarized guilty plea petition, support the conclusion that the outcome of the proceedings would not have been different, absent the defense counsel’s performance. Issue 1: Motion for recusal Brooks argues that the court erred in not requiring the trial judge to disqualify himself from the post-conviction proceedings because he was the sitting judge during Brooks’ plea hearing. A judge must recuse himself if, a reasonable person, knowing all the circumstances surrounding the issue in question, would doubt the judge’s impartiality. Brooks fails to present any evidence that the judge was biased because he was the same judge that oversaw the plea hearing. The judge, in his order denying post-conviction relief, presented sound, unbiased reasoning for his decision to summarily dismiss the request for an evidentiary hearing. |
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