Mills v. State
| Docket Number: | 2007-CA-00038-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-24-2008 Opinion Author: IRVING, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Use of excessive force - Ineffective assistance of counsel - Miranda rights Judge(s) Concurring: MYERS, P.J., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Dissenting Author : KING, C.J., with separate written opinion. Dissent Joined By : LEE, P.J. Procedural History: Dismissal; PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 08-16-2006 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Paul S. Funderburk Disposition: POST-CONVICTION RELIEF DISMISSED Case Number: CV06-089(PF)L |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | BILLY MILLS, JR. |
BILLY MILLS, JR. (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 - Use of excessive force - Ineffective assistance of counsel - Miranda rights |
| Summary of the Facts: | Billy Mills, Jr. pled guilty to selling cocaine on two occasions within fifteen hundred feet of a church. The court sentenced Mills to twenty years on each offense, with twelve years suspended and five years of post release supervision, with the sentences running concurrently. Mills filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Use of excessive force Mills argues that the arresting police officers used excessive force. This particular allegation of error is essentially a tort claim and should not be placed in a PCR motion. Issue 2: Ineffective assistance of counsel Mills argues that his guilty plea was involuntary because his counsel promised him that he would receive a maximum sentence of twenty-four months imprisonment, which is a substantially lighter sentence than the one that he received. Counsel’s representation to a defendant that he will receive a specified minimal sentence may render a guilty plea involuntary. Based on the plea transcript, it is clear that prior to pleading guilty, Mills knew that the judge could sentence him to 120 years in prison, notwithstanding anything that he may have been told to the contrary. It is also clear that Mills’s lawyer advised him that the court would take a dim view of sale charges. This is sufficient to refute any allegation that the lawyer promised Mills that Mills would receive a maximum of two years in prison. Issue 3: Miranda rights Mills argues that the arresting police officers failed to inform him of his Miranda rights. A guilty plea waives all non-jurisdictional rights or defects which are incident to trial. |
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