Shumpert v. State
| Docket Number: | 2006-CP-02164-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-01-2008 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Recusal of judge Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Dismissal; PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 12-15-2006 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: MOTION FOR POST-CONVICTION DISMISSED Case Number: CV06-162(G)L |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | GENARRO D. SHUMPERT A/K/A GENARRO SHUMPERT |
GENARRO D. SHUMPERT (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER | ||
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 - Recusal of judge |
| Summary of the Facts: | Genarro Shumpert pled guilty to three counts of kidnapping, one count of aggravated assault, one count of burglary, one count of armed car jacking, and three counts of armed robbery. The trial court ordered Shumpert to serve nine consecutive sentences, totaling 285 years. Shumpert filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Shumpert argues that his pleas were the result of coercion and were not made voluntarily because he was denied effective assistance of counsel because of his attorney’s failure to file certain motions and to object to the composition of an all-white jury. A plea is considered voluntary and intelligent if the defendant is advised about the nature of the charge against him and the consequences of the entry of the plea. The record in this case clearly indicates that the trial court thoroughly questioned Shumpert regarding his understanding of his constitutional rights, the charges against him, and the consequences of his guilty pleas. The transcript from the plea hearing contradicts Shumpert’s claims that his guilty pleas were involuntary or the result of coercion. Also, Shumpert cannot overcome the presumption that his attorney rendered adequate assistance. Defendants are not entitled to a jury of any particular composition. Issue 2: Recusal of judge Shumpert argues that the trial judge abused his discretion by not recusing himself since he dined regularly at a restaurant owned by the victims. A judge is required to disqualify himself if a reasonable person, knowing all the circumstances, would harbor doubts about his impartiality. There is nothing in the record that supports Shumpert’s allegation that the trial judge was a regular patron of the victims’ restaurant. Even if true, Shumpert’s accusation does not overcome the presumption that the trial judge was qualified and unbiased. |
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