Starks v. State
Docket Number: | 2007-CP-01732-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 10-21-2008 Opinion Author: MYERS, P.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Voluntariness of plea Judge(s) Concurring: King, C.J., Lee, P.J., Chandler, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Concur in Part, Concur in Result 1: Irving, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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Trial Court: |
Date of Trial Judgment: 07-30-2007 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: James T. Kitchens, Jr. Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2007-0189-CV |
Party Name: | Attorney Name: | |||
Appellant: | WILLIE KEITH STARKS |
WILLIE KEITH STARKS (PRO SE) |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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 - Ineffective assistance of counsel - Voluntariness of plea |
Summary of the Facts: | Willie Starks pled guilty to statutory rape. Starks filed a motion for post-conviction relief which was dismissed. He appeals. |
Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Starks argues that his counsel was deficient, because counsel only filed one pre trial motion, counsel conducted no investigation, counsel conducted no interviews, and counsel only met with Starks one time. Starks supports this claim only by his own affidavit. A prisoner's ineffective assistance of counsel claim is without merit when the only proof offered of the claim is the prisoner's own affidavit. Issue 2: Voluntariness of plea Starks argues that his plea agreement was the product of threats and coercion, and it was not knowingly, willingly, and voluntarily given. A guilty plea is considered voluntary and intelligent if the defendant is advised about the nature of the charge against him and the consequences of the entry of the plea. Starks’ contention is refuted by his plea agreement and his plea colloquy. |
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