Ealey v. State


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Docket Number: 2006-CP-00552-COA

Court of Appeals: Opinion Link
Opinion Date: 10-30-2007
Opinion Author: CARLTON, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Factual basis for plea - Ineffective assistance of counsel - Sufficiency of evidence
Judge(s) Concurring: LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ.
Dissenting Author : KING, C.J.
Concurs in Result Only: IRVING, J.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 09-23-2005
Appealed from: Adams County Circuit Court
Judge: Forrest Johnson
Disposition: POST-CONVICTION RELIEF DENIED
Case Number: 04-KV-0227-J
  Consolidated: CONSOLIDATED WITH NO. 2006-KP-01349-COA: KEVIN WAYNE EALEY A/K/A KEVIN EALEY, APPELLANT v. STATE OF MISSISSIPPI, APPELLEE DATE OF JUDGMENT: 3/11/2003 TRIAL JUDGE: HON. FORREST A. JOHNSON, JR. COURT FROM WHICH APPEALED: ADAMS COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: KEVIN WAYNE EALEY (PRO SE) ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE NATURE OF THE CASE: CRIMINAL FELONY 2 TRIAL COURT DISPOSITION: CONVICTED OF POSSESSION OF COCAINE AND SENTENCED TO TWENTY YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH FIVE YEARS SUSPENDED AND FIVE YEARS OF POST-RELEASE SUPERVISION AND PAY A FINE OF $10,000 DISPOSITION: DISMISSED - 10/30/2007

  Party Name: Attorney Name:  
Appellant: KEVIN WAYNE EALEY A/K/A KEVIN EALEY




KEVIN WAYNE EALEY (PRO SE)



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

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Topic: Post-conviction relief - Factual basis for plea - Ineffective assistance of counsel - Sufficiency of evidence

Summary of the Facts: Kevin Ealey entered a guilty plea for possession of cocaine. Ealey filed a motion for post-conviction relief which was summarily denied. He appeals.

Summary of Opinion Analysis: Issue 1: Factual basis for plea Ealey argues that the testimony given at the plea hearing was insufficient to form a factual basis for the acceptance of his guilty plea. As Ealey was not in actual possession of the cocaine, the trial judge must have had facts before him that created a fair inference that Ealey was in constructive possession of the cocaine. Constructive possession may be established where the evidence, considered under the totality of the circumstances, shows that the defendant conscientiously exercised control over the contraband. The officer’s testimony at the suppression hearing, detailed above, showed that Ealey was riding across several states in a rented vehicle containing a large amount of drugs, a large sum of money, a gun, and a receipt for the purchase of products regularly used in the sale of cocaine. From these facts, it is fairly inferable that Ealey was aware of the character and presence of the cocaine and that it was subject to his dominion and control. Thus, these facts provide an evidentiary suggestion of guilt independent of Ealey’s admission, and the trial judge’s acceptance of Ealey’s guilty plea was supported by substantial evidence. Issue 2: Ineffective assistance of counsel Ealey argues that his attorney failed to conduct an independent investigation into his case, failed to interview witnesses favorable to him, failed to file the proper motions, and coerced him to plead guilty by advising him that if he chose to go to trial he would be convicted and sentenced to sixty years in jail. Ealey offers only his bare assertions as proof that he was denied effective assistance of counsel. In his motion for post-conviction relief, he provided no affidavits or proposed testimony of other witnesses to support his contentions. Mere allegations are insufficient to entitle a defendant to an evidentiary hearing on a post-conviction claim of ineffective assistance of counsel. Moreover, the transcript of the guilty plea hearing contradicts Ealey’s claim that his attorney coerced him to plead guilty. Issue 3: Sufficiency of evidence Ealey argues that the evidence was insufficient to establish that he was in possession of the cocaine and that the search of the vehicle was illegal. A guilty plea waives a claim alleging an illegal search or seizure as well as the prosecution’s requirement to prove each element of the offense beyond a reasonable doubt.


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