Ramsey v. State
| Docket Number: | 2005-CP-00667-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-15-2008 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel - Denial of bail hearing - UCCCR 6.05 - Cruel and unusual punishment 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: 02-01-2005 Appealed from: PANOLA COUNTY CIRCUIT COURT Judge: Ann H. Lamar Disposition: POST-CONVICTION RELIEF DENIED Case Number: CV2004-177LP1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JAMES ALLEN RAMSEY |
JAMES ALLEN RAMSEY (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS | ||
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 - Denial of bail hearing - UCCCR 6.05 - Cruel and unusual punishment |
| Summary of the Facts: | James Ramsey entered guilty pleas on three counts of selling cocaine. He was sentenced to serve three consecutive five year sentences and ten years of post-release supervision. Ramsey filed a motion for post-conviction collateral relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of pleas Ramsey argues that he involuntarily entered guilty pleas to all three charges because he relied on his attorney who was unfamiliar with the case and who failed to advise him of his chances at trial or of the fact that the State’s only witnesses were felons. A plea is voluntary and intelligent when the defendant is informed of the charges against him and the consequences of his plea. Ramsey, with the aid of counsel, signed and presented the trial court a petition to enter a guilty plea. He admitted that he was guilty of the crimes charged and waived his right to a trial by jury, his right to hear and cross examine witnesses, and his right against self incrimination. Despite Ramsey’s argument that his plea was not voluntary, the record contains sufficient evidence to show that Ramsey fully understood the consequences of his guilty pleas. The trial judge throughly questioned Ramsey about each aspect of the plea petition. Issue 2: Ineffective assistance of counsel Ramsey argues that he received ineffective assistance of counsel, because his attorney did not advise him that the State’s witnesses against him were facing drug charges themselves. In cases involving post-conviction collateral relief, where a party offers only his affidavit, his ineffective assistance claim is without merit. Ramsey offered no evidence other than his own statements to prove that his counsel was ineffective. There is nothing in the record to show that counsel’s actions were deficient. Further, Ramsey cannot prove that he would not have entered a guilty plea if counsel had done as he argues and informed him of the felony charges against the State’s witnesses. Moreover, Ramsey’s claim is contradicted by the record. In his plea petition and to the trial court at his plea hearing, Ramsey stated that he was satisfied with the representation of his attorney and had no complaints against her or the way she handled his case. Issue 3: Denial of bail hearing Ramsey argues that his right to due process of law was violated because he was not taken before a judge for a bail hearing until he had served seventy-three days in jail. UCCCR 6.05 states that a defendant who has been indicted by a grand jury is not entitled to an initial appearance or a preliminary hearing. Further, Ramsey offers no proof that he was denied bond for an unreasonable amount of time. Issue 4: Cruel and unusual punishment Ramsey argues that his sentence is too lengthy and constitutes cruel and unusual punishment. The maximum sentence for each count of the sale of cocaine is thirty years in prison and a $1,000,000 fine. Where a sentence is within prescribed statutory limits, it will generally be upheld and not regarded as cruel and unusual. Ramsey’s three consecutive five year sentences are well within the statutory guidelines set forth by the legislature. |
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