Kimble v. State
| Docket Number: | 2007-CP-02041-COA Linked Case(s): 2007-CP-02041-COA ; 2007-CT-02041-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-02-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Voluntariness of plea - Factual basis for plea - Evidentiary hearing Judge(s) Concurring: King, C.J., Myers, 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: 09-20-2007 Appealed from: Grenada County Circuit Court Judge: Clarence E. Morgan, III Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2007-433-CV-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | ROBERT LEE KIMBLE |
ROBERT LEE KIMBLE (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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 - Voluntariness of plea - Factual basis for plea - Evidentiary hearing |
| Summary of the Facts: | Robert Kimble entered a plea of guilty to statutory rape. He was sentenced to twenty years, with ten years to serve and ten years of post-release supervision. Kimble filed a motion to vacate his judgment and sentence. Treating it as a motion for post-conviction relief, the trial court denied Kimble’s motion. Kimble appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Kimble argues that his trial counsel was ineffective because he failed to investigate any of the State’s witnesses or the DNA evidence the State used to support its case. Kimble stated at his plea hearing that he was satisfied with his attorney’s performance. Kimble also stated under oath that his attorney explained the plea petition to him. Further, Kimble offers no evidence other than his own allegations that his counsel’s performance was deficient. Issue 2: Voluntariness of plea Kimble argues that his counsel’s failure to prepare for trial left him with no choice but to plead guilty; therefore, his plea was not voluntary. If the defendant is advised regarding the nature of the charge and the consequences of the plea, it is considered voluntary and intelligent. Kimble’s guilty plea was voluntary and intelligent. Kimble testified that he was informed of the charge against him and the consequences of his plea. Kimble admitted that he was guilty of each element of statutory rape, and he understood that admitting to each element meant that he was guilty of statutory rape. Issue 3: Factual basis for plea Kimble argues that the trial court failed to ascertain a factual basis for accepting his plea of guilty. During the plea hearing, the trial court inquired into the State’s factual basis for the charge. The prosecutor for the State responded by stating specifically why Kimble was guilty of each element of statutory rape. There was more than ample evidence existed to establish a factual basis for Kimble’s plea. Issue 4: Evidentiary hearing Kimble argues that the trial court erred in dismissing his motion for post-conviction relief without an evidentiary hearing. An evidentiary hearing is not required when, based on the record of the guilty plea hearing, it is clear that the petitioner is entitled to no relief. It is clear from the record that no evidentiary hearing was needed to further explore any issues related to Kimble’s guilty plea. |
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