Magyar v. State
Docket Number: | 2007-CA-00740-COA Linked Case(s): 2007-CA-00740-COA ; 2007-CT-00740-SCT ; 2007-CT-00740-SCT ; 2007-CT-00740-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 09-23-2008 Opinion Author: Griffis, J. Holding: AFFIRMED |
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Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Registration as sex offender - Section 45-33-39(1) - Evidentiary hearing Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, and Carlton, JJ. Non Participating Judge(s): Chandler, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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Trial Court: |
Date of Trial Judgment: 04-05-2007 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: PETITIONER’S MOTION FOR POSTCONVICTION COLLATERAL RELIEF IS DENIED Case Number: CI2007-39 |
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Note: | The COA opinion was affirmed by the SCT on 8/13/2009. See the SCT opinion at: http://www.mssc.state.ms.us/Images/HDList/..%5COpinions%5CCO55759.pdf |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | JOHN ANTHONY MAGYAR |
JAMES LEE KELLY |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER |
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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. |
Topic: | Post-conviction relief - Voluntariness of plea - Registration as sex offender - Section 45-33-39(1) - Evidentiary hearing |
Summary of the Facts: | John Magyar pled guilty to sexual assault. He was sentenced to twenty years with ten years suspended and five years of probation and ordered to register as a sex offender. He filed a motion for post-conviction relief which was denied. He appeals. |
Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Magyar argues that his plea was not given voluntarily because neither his attorney nor the trial judge informed him that he would have to register as a sex offender before he was sentenced. Section 45-33-39(1) merely requires that various authorities inform criminal defendants of their post-release obligations to society. Here, the sentencing order did in fact include notice of Magyar’s obligation to register as a sex offender. This is sufficient under section 45-33-39(1). Magyar also argues that his attorney misinformed him regarding his right to confront witnesses. Even if a defendant receives erroneous advice from defense counsel, any misunderstanding created by this advice may be corrected by the court during the voluntariness inquiry. Here, the trial court adequately informed Magyar of this right before Magyar pleaded guilty. Magyar also makes a number of other claims and attached four affidavits to his motion. Magyar’s first affidavit was his own. The second affidavit is that of a former prosecutor and contains an expert opinion. The third affidavit is that of Magyar’s public defender which is not attested. The final affidavit was given by Magyar’s father. Magyar’s father’s affidavit is hearsay and will not be considered. The unattested affidavit will also not be considered. Magyar’s affidavit is substantially impeached by Magyar’s statements at the plea hearing where he said that he was satisfied with his attorney’s performance. The expert’s affidavit does not satisfy the specificity requirement. Issue 2: Evidentiary hearing Magyar argues that he is entitled to an evidentiary hearing. The trial court did not err in denying Magyar’s motion for post-conviction collateral relief without an evidentiary hearing in this case because Magyar’s assertions are substantially contradicted by the court record. |
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