McComb v. State
| Docket Number: | 2007-CP-01376-COA Linked Case(s): 2007-CT-01376-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-22-2008 Opinion Author: MYERS, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Defective indictment - Voluntariness of plea Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 07-16-2007 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: MOTION FOR POST-CONVICTION RELIEF IS DENIED. Case Number: B2401-2003-00478 |
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| Party Name: | Attorney Name: | |||
| Appellant: | WALTER EDDIE MCCOMB A/K/A JOHNNY |
WALTER EDDIE MCCOMB (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Defective indictment - Voluntariness of plea |
| Summary of the Facts: | Walter McComb pled guilty to Count I, felony domestic violence - aggravated assault and Count II, aggravated assault by use of a deadly weapon. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel McComb argues that he received ineffective assistance of counsel. McComb has failed to demonstrate that his trial counsel’s performance was deficient. McComb chose to plead guilty to the charge on advice from counsel that he faced a much longer sentence if he were to proceed to trial and was found guilty. Issue 2: Defective indictment McComb argues that the indictment is defective in both Count I and II because it did not contain the “word ‘serious’ as a modifier for the phrase ‘bodily injury’”. McComb used a deadly weapon to strike his current spouse at that time and to shoot the other victim. Thus, it can be said from the evidence and facts presented that the State showed intent to cause bodily injury with a deadly weapon. Further, McComb pleaded guilty to both counts. Therefore, there is no error in the language used in the indictment. Issue 3: Voluntariness of plea McComb argues that his plea was not voluntary because the indictment was fatally defective. McComb was advised of the charges against him and the consequences of pleading guilty and has also failed to establish that his guilty plea was not voluntary. |
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