Thompson v. State
| Docket Number: | 2007-CP-01092-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-02-2008 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel - Evidentiary hearing Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, and Carlton, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 07-06-2007 Appealed from: Carroll County Circuit Court Judge: Joseph H. Loper Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2007-007-CV2L |
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| Party Name: | Attorney Name: | |||
| Appellant: | DEREK A. THOMPSON A/K/A BOOTY |
DEREK A. THOMPSON (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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 - Voluntariness of plea - Ineffective assistance of counsel - Evidentiary hearing |
| Summary of the Facts: | Derek Thompson pled guilty to the crime of armed robbery and was sentenced to twenty-five years. Thompson filed a petition for PCR pro se which the trial court denied without requiring the State to file an answer. Thompson appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Thompson argues that his plea was not voluntarily entered because the trial court failed to advise him during the plea hearing that he had the right to representation by an attorney in the event he decided to go to trial. A trial court must ensure that if the accused is not represented by an attorney, that he is aware of his right to an attorney at every stage of the proceeding and that one will be appointed to represent him if he is indigent. While it is true the trial court did not advise Thompson that had he decided to forego the option of pleading guilty and proceeded to trial he would have had a right to counsel, Thompson was represented by retained counsel. Therefore, the trial court had no duty to advise Thompson that he had the right to counsel. Issue 2: Ineffective assistance of counsel Thompson argues that his trial counsel’s assistance was constitutionally ineffective, because he allowed Thompson to plead guilty when his plea was not knowingly and voluntarily given, let him proceed with the plea without understanding the charge and sentence procedures, did not advise him that he had the right to counsel if he went to trial, and did not object to the trial court’s failure to advise him of his right to counsel. Not only are Thompson’s allegations of ineffective assistance of counsel without merit, but he indicated that he was satisfied with his counsel’s representation at his plea hearing. Issue 3: Evidentiary hearing Thompson argues that the trial court erred in failing to grant an evidentiary hearing. A trial court may summarily dismiss a petition for PCR, without having held an evidentiary hearing, when it is clear that the petitioner is not entitled to relief. Such is the case here. |
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