Jenkins v. State


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Docket Number: 2007-CP-00768-COA
Linked Case(s): 2007-CP-00768-COA ; 2007-CT-00768-SCT

Court of Appeals: Opinion Link
Opinion Date: 01-15-2008
Opinion Author: GRIFFIS, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Voluntariness of plea - Voluntariness of confession - Newly discovered evidence - Ineffective assistance of counsel - Evidentiary hearing
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

Trial Court: Date of Trial Judgment: 11-01-2006
Appealed from: Jones County Circuit Court
Judge: Billy Joe Landrum
Disposition: MOTION FOR MOTION POST-CONVICTION COLLATERAL RELIEF IS DENIED.
Case Number: 2006-38-C

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: LEWIS JENKINS




LEWIS JENKINS (PRO SE)



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

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

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    Topic: Post-conviction relief - Voluntariness of plea - Voluntariness of confession - Newly discovered evidence - Ineffective assistance of counsel - Evidentiary hearing

    Summary of the Facts: Lewis Jenkins pled guilty to manslaughter and was sentenced to twenty years, fifteen to serve with five years probation. He filed a motion for post-conviction relief which was denied. He appeals.

    Summary of Opinion Analysis: Issue 1: Voluntariness of plea Jenkins argues that his plea was not entered voluntarily, knowingly, or intelligently because he was not informed of the minimum or maximum sentences for manslaughter or the elements of manslaughter. A guilty plea is voluntary and intelligent when the defendant is informed of the charges against him and the consequences of his plea. During the hearing to accept his guilty plea, Jenkins testified under oath that he was guilty. The trial judge fully explained Jenkin’s rights to him, and Jenkins waived those rights. Jenkins said that no one had promised him anything or threatened him to get him to plead guilty. He also said he was satisfied with his lawyer’s representation and advice. After reviewing the petition and the hearing transcript, the trial court’s findings were not clearly erroneous. Issue 2: Voluntariness of confession Jenkins argues that his confession was inadmissable because he did not give it knowingly, voluntarily, or intelligently, and that he was denied his right to a speedy trial. A valid guilty plea waives a criminal defendant’s rights under the Fifth, Sixth and Fourteenth Amendments to the Constitution and speedy trial violations. Thus, there is no merit to this argument. Issue 3: Newly discovered evidence Jenkins argues that he has obtained newly discovered evidence. A plea of guilty negates any notion that there is some undiscovered evidence which could prove his innocence. Issue 4: Ineffective assistance of counsel Jenkins argues that he was constructively denied counsel because his public defender’s representation was ineffective between his initial appearance in 2002 and his indictment in 2004. The record in this case reveals that Jenkins twice confessed to the police. Therefore, Jenkins was not prejudiced by the inaction of his appointed counsel. Also, it appears that Jenkins’s counsel performed adequately. She negotiated a deal with the State that reduced the charge from murder to manslaughter. Issue 5: Evidentiary hearing Jenkins argues that the court erred when it denied his motion for post-conviction collateral relief without granting him an evidentiary hearing. The trial court did not err in denying Jenkins’ request for an evidentiary hearing in this case because Jenkins’ assertions are substantially contradicted by the court record.


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