Nichols v. State
| Docket Number: | 2007-CP-01001-COA Linked Case(s): 2007-CP-01001-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-20-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Factual basis for plea - Ineffective assistance of counsel - Evidentiary hearing Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Dismissal; PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 05-31-2007 Appealed from: TATE COUNTY CIRCUIT COURT Judge: Andrew C. Baker Disposition: POST-CONVICTION RELIEF DENIED Case Number: CV2007-0063BT |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DAVID SIDNEY NICHOLS |
DAVID SIDNEY NICHOLS (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY | ||
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 - Factual basis for plea - Ineffective assistance of counsel - Evidentiary hearing |
| Summary of the Facts: | David Nichols pled guilty to two counts of murder. Nichols was sentenced to serve two concurrent life sentences. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Factual basis for plea Nichols argues that his plea was involuntary because the trial court failed to find a factual basis for his guilty plea. However, the transcript of Nichols’s plea colloquy contradicts this contention. The trial court required the State to demonstrate what it would have proved had Nichols elected to go to trial. After the State’s offer of proof, Nichols’s attorney agreed that the evidence proffered by the State would have been sufficient to get the case before a jury. Issue 2: Ineffective assistance of counsel Nichols argues that his trial counsel was ineffective. Most of Nichols’s argument on this issue concerns supposed defects in the indictment. A valid guilty plea admits all elements of a formal charge and operates as a waiver of all non-jurisdictional defects contained in an indictment. Nichols states that his attorney failed to advise him of the maximum and minimum sentence. However, this contention is contradicted by the plea colloquy. Issue 3: Evidentiary hearing Nichols argues that the trial court should have conducted an evidentiary hearing. If it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief, the judge may make an order for its dismissal and cause the prisoner to be notified. In his order denying post-conviction relief, the trial court stated that it reviewed the pleadings and the court files and determined that no evidentiary hearing was necessary. Thus, there was no error committed by the trial court in deciding not to grant an evidentiary hearing. |
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