Mitchener v. State
| Docket Number: | 2006-CA-01630-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-04-2007 Opinion Author: CHANDLER, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Post-conviction relief - Evidentiary hearing - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 09-07-2006 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: James T. Kitchens, Jr. Disposition: THE MOTION FOR POST-CONVICTION RELIEF WAS DISMISSED. Case Number: 2006-0111-CV1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | RONNIE MITCHENER |
STEPHEN L. BEACH III |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN TERRELL MARTIN |
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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 - Evidentiary hearing - Ineffective assistance of counsel |
| Summary of the Facts: | Ronnie Mitchener pled guilty to one count of kidnaping. He was sentenced to twenty years. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Mitchener argues that he made a substantial showing of ineffective assistance of counsel and involuntary plea such that he was entitled to an evidentiary hearing. In Mitchener's affidavit, Mitchener averred that on numerous instances his attorney guaranteed that, if he pled guilty, he would receive time served and probation. Mitchener's allegations were very specific and detailed as to the time, place, and content of the attorney's assurances. Mitchener attached four witness affidavits providing additional specific and detailed information strongly corroborating Mitchener's claim that the lawyer assured him he would get time served and probation if he pled guilty. The information contained in the affidavits was of sufficient evidentiary strength that the Court cannot say Mitchener's claims were overwhelmingly belied by the plea petition and plea hearing transcript. Mitchener's claim that defense counsel misrepresented the length of sentence that would be imposed for a guilty plea is grounds for showing deficient performance. Therefore, the case is reversed and remanded for an evidentiary hearing on the issues of ineffective assistance of counsel and involuntary plea. With regard to Mitchener's claim that he received ineffective assistance of counsel because his attorney told him the victim could not testify against him if he pled guilty, but the victim did testify at the sentencing hearing, Mitchener's claim does not overcome the presumption that counsel rendered effective assistance. Counsel made the statements when Mitchener was engaged in the process of deciding whether to plead guilty or go to trial to have his guilt or innocence determined by a jury. Counsel's statements that the victim could not testify if Mitchener pled guilty logically related to whether, if Mitchener pled guilty, the victim nonetheless would be able to testify against him on the question of his guilt or innocence. In fact, the victim did not testify against Mitchener on the question of guilt or innocence. |
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