Davis v. State
| Docket Number: | 2006-CP-00079-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-24-2007 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Delay in proceedings - Illegal indictment - Revocation of probation - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, 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: 02-23-2006 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. Case Number: 2005-0249 |
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| Party Name: | Attorney Name: | |||
| Appellant: | BURNELL DAVIS |
BURNELL DAVIS (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 - Delay in proceedings - Illegal indictment - Revocation of probation - Ineffective assistance of counsel |
| Summary of the Facts: | Burnell Davis entered a plea of guilty to statutory rape and was sentenced to five years, with nineteen months to serve and the remainder of the sentence suspended. When Davis violated the terms and conditions of his sentence, the court revoked Davis’s post-release supervision and sentenced him to serve three years and five months. Davis filed a motion for post-conviction relief which was denied. Davis appeals. |
| Summary of Opinion Analysis: | Issue 1: Delay in proceedings Davis argues that 191 days passed from his arrest until he was afforded an initial appearance or a preliminary hearing, violating Mississippi law and his constitutional right to a speedy trial. Additionally, Davis claims law enforcement officers procured a DNA sample without a court order. A valid guilty plea operates as a waiver of all non-jurisdictional rights or defects which are incident to trial. Further, Davis signed a petition to enter a plea of guilty, which acknowledges that Davis agreed to waive all of his constitutional rights. This waiver would include Davis’s right to a speedy trial, as well as any defects in obtaining a DNA sample. Issue 2: Illegal indictment Davis argues that his indictment was illegally obtained because neither the victim nor any family member testified before the grand jury, the indictment was not a true bill because the grand jury never met, and there was a jurisdictional defect in the indictment. There is no legal requirement that a grand jury call witnesses favorable to the accused. Davis has not provided any documentation to support his contention that the grand jury never met, nor are there any documents in the record in support of this contention. As for a jurisdictional defect in the indictment, Davis does not elaborate and the Court does not find one. Issue 3: Revocation of probation Davis argues that the revocation of his probation, and imposition of his suspended time were unlawful, which rendered his suspended sentence unconstitutional and made the imposition of a five-year sentence illegal. Section 47-7-37 states that at any time during the probation period the court may arrest the probationer for violating the conditions of his probation or suspension of sentence. Once Davis violated the terms of his suspended sentence, the post-release supervision was revoked, which is proper under section 47-7-37. Issue 4: Ineffective assistance of counsel Davis argues that his defense counsel were ineffective because one of his lawyers coerced him to plead guilty. Davis signed his plea petition, in which he acknowledges his satisfaction with his counsel, and he was subsequently released from incarceration. There is no evidence in the record of involuntariness or ignorance on the part of Davis in signing the plea agreement. |
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