Parkman v. State
| Docket Number: | 2005-CP-02127-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-03-2007 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Voluntariness of confession - Factual basis of plea - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 10-24-2005 Appealed from: SCOTT COUNTY CIRCUIT COURT Judge: Vernon Cotten Disposition: POST-CONVICTION RELIEF DENIED. Case Number: 2005-CV-390-SC-C |
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| Party Name: | Attorney Name: | |||
| Appellant: | RICHARD EARL PARKMAN |
RICHARD EARL PARKMAN (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JACOB RAY |
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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 - Successive writ - Voluntariness of confession - Factual basis of plea - Ineffective assistance of counsel |
| Summary of the Facts: | Richard Parkman pled guilty to sexual battery and was sentenced to twenty years, with ten years suspended, followed by five years of post-release supervision. Parkman filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Successive writ The State argues that Parkman’s motion was a successive writ. There is only one motion for post-conviction relief in the record. The record seems to indicate that Parkman attempted to file another post-conviction motion. However, that fact is not established by the record before the court. Although the record contains two final judgments, all parties agree that only one of the judgments is the subject of this appeal. Therefore, Parkman’s appeal is not precluded by the successive writ bar. Issue 2: Voluntariness of confession Parkman argues that his confession was involuntary, because it was obtained after beatings and torture by the police. A guilty plea waives all non-jurisdictional rights or defects which are incident to trial. Generally included in this class are those rights secured by the Fifth, Sixth, and Fourteenth Amendments and their counterparts in the Mississippi Constitution. Thus, Parkman’s guilty plea waived his challenge by post-conviction relief that his confession was involuntary. Issue 3: Factual basis of plea Parkman argues that there was no factual basis to support his plea of guilty to sexual battery. A factual basis for a plea may be established by the admission of the defendant, but the admission must contain factual statements constituting a crime or be accompanied by independent evidence of guilt. Although neither Parkman nor the State provided factual statements constituting the crime of sexual battery at the plea hearing, the record established that the victim was thirteen years old and the physical evidence revealed that the victim had been penetrated vaginally. Therefore, there was a factual basis to support a plea of guilty to sexual battery. Issue 4: Ineffective assistance of counsel Parkman argues that his attorney was ineffective because he failed to investigate and appeal Parkman’s guilty plea. Parkman’s testimony at his plea hearing contradicts his claims here that his attorney failed to investigate the case and his confession. In addition, Parkman’s attorney’s advice to accept a plea bargain appears to be a reasonable representation and part of his strategy to get the best outcome possible for his client. Because a defendant who pleads guilty waives his right to an appeal, Parkman’s counsel cannot be considered ineffective for not filing a direct appeal of Parkman’s guilty plea. |
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