Knight v. State
| Docket Number: | 2006-CP-00165-COA Linked Case(s): 2006-CT-00165-SCT ; 2006-CP-00165-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2008 Opinion Author: GRIFFIS, J. Holding: Affirmed; Motion for Rehearing Granted-- Affirmed in Part, Reversed and Rendered in Part |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Carrying a concealed weapon - Section 97-37-1(2) - Plea of nolo contendere - M.R.E. 410 - Plea agreement Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR; Motion for Rehearing Nature of the Case: CIVIL - POST-CONVICTION RELIEF; Motion for Rehearing |
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| Trial Court: |
Date of Trial Judgment: 01-04-2006 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: POST-CONVICTION RELIEF DENIED Case Number: A2401-2004-00404 |
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| Note: | MOTION FOR REHEARING FILED: 11/14/2006 - GRANTED; AFFIRMED IN PART; REVERSED AND RENDERED IN PART; The motion for rehearing is granted. The original is withdrawn, and this modified opinion is substituted in lieu thereof. | |
| Party Name: | Attorney Name: | |||
| Appellant: | ARMSTRONG KNIGHT A/K/A ARMSTRONG JACOB KNIGHT |
ARMSTRONG KNIGHT (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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 - Ineffective assistance of counsel - Carrying a concealed weapon - Section 97-37-1(2) - Plea of nolo contendere - M.R.E. 410 - Plea agreement |
| Summary of the Facts: | The motion for rehearing is granted, and this opinion is substituted for the original opinion. Armstrong Knight pled guilty to manslaughter. He was sentenced to serve twenty years on the manslaughter charge, five years on the charge of carrying a concealed weapon, and two and one half years on each charge of the possession of a firearm by a felon. Knight filed a motion for post-conviction collateral relief which the court dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Knight argues that his counsel was ineffective by allowing him to plead guilty to the concealment of a deadly weapon by a felon charge when the State’s evidence showed that the pistol alleged to have been concealed was found in a van, a motor vehicle, which is exempted by statute. The record that supports the charge of carrying a concealed weapon by a felon in violation of section 97-37-1 is based upon Knight’s action of having a 9mm pistol under a blanket in his van. Knight admitted that he had a blanket over a 9mm pistol in his van. Knight also testified that a 9mm pistol was one of the weapons used in killing the victim. Under section 97-37-1(2), it is not a crime in Mississippi for a person to carry a concealed firearm, if it is carried within a motor vehicle. Thus, there was no factual basis for the charge against him because section 97-37-1(2) allows a person to possess a concealed firearm or deadly weapon within any motor vehicle. Therefore, Knight has demonstrated that his counsel’s performance was deficient and that this deficiency prejudiced his defense. Knight’s conviction and sentence for carrying a concealed weapon is vacated. Knight also argues that his counsel was ineffective for not investigating and determining that he had pleaded nolo contendere to the charges listed in the bills of information used as the prior felony to bring the charge of felon in possession of a firearm. M.R.E. 410 provides that under existing Mississippi law, a plea of nolo contendere by a defendant is not admissible against him later in either a civil or a criminal case. The nolo contendere plea at issue here is not under Mississippi law, but relates to a nolo contendere plea in a California court. Knight has failed to establish a prima facie case of ineffective assistance of counsel as to the charges of a felon in possession of a firearm. Issue 2: Plea agreement Knight argues that his plea agreement was breached when the State failed to return certain personal property valued at $7,100 to his brother. There is no proof that the recommendation was not honored. Defense counsel mentioned the issue of the personal property to the trial judge during sentencing, and the State did nothing at the hearing to undermine the defense’s effort to have the property returned. If Knight or his family believe the county or other authorities have retained property that should be delivered to them, there are means to seek its return. Knight’s plea was valid, regardless of what happened to the computer and other items. |
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