Hoyt v. State
| Docket Number: | 2006-CP-00928-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-20-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel - Evidentiary hearing Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, AND ISHEE, JJ. Concurs in Result Only: ROBERTS, J. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 05-12-2006 Appealed from: Lamar County Circuit Court Judge: Michael R. Eubanks Disposition: DISMISSED MOTION FOR POSTCONVICTION RELIEF Case Number: 2006-127 E |
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| Party Name: | Attorney Name: | |||
| Appellant: | MICHAEL WAYNE HOYT |
MICHAEL WAYNE HOYT (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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 - Evidentiary hearing |
| Summary of the Facts: | Michael Hoyt entered a plea of guilty to conspiracy to manufacture methamphetamine. He was sentenced to fifteen years, with one year of participation in drug and alcohol treatment, and upon successful completion of the treatment program, one year of supervised house arrest, and upon the successful completion of house arrest, the remaining thirteen years to be suspended pending successful completion of a five-year period of post-release supervision. Hoyt filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea The record does not support Hoyt’s claim that his guilty plea was involuntary. The record contains prior sworn statements made by Hoyt which directly contradict his argument. The transcript of the plea hearing reflects that Hoyt represented to the court that no one had mistreated, pressured or threatened him to induce his plea of guilty and that he was satisfied with what his attorney had done for him. Hoyt assured the trial judge that it was his decision to plead guilty and that he freely and voluntarily entered it. Issue 2: Ineffective assistance of counsel Hoyt’s claims of ineffective assistance are clearly contradicted by his previous sworn statements at the plea hearing, in his plea petition and in his waiver of indictment. More importantly, under the direction and advice of his attorney, Hoyt ultimately received a sentence of fifteen years in the face of a possible forty-year sentence. Issue 3: Evidentiary hearing Hoyt argues that the court erred in dismissing his motion without holding an evidentiary hearing. When the only support offered by a convict is his own affidavit, and his affidavit is contradicted by his own sworn statement, an evidentiary hearing is not required. Accordingly, the trial court properly dismissed these claims without an evidentiary hearing. |
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