Hamberlin v. State
| Docket Number: | 2007-CP-01307-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-25-2008 Opinion Author: BARNES, 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, 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: 07-09-2007 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Frank G. Vollor Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 07,0121-CI |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | TOMMY HAMBERLIN |
TOMMY HAMBERLIN (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY | ||
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: | Tommy Hamberlin pled guilty to two counts of possession of cocaine. The trial court accepted the State’s recommendations and sentenced him to a total of twenty years’ imprisonment. Hamberlin filed a “Motion for Sentencing Reconsideration Reduction and/or Correction,” in which he sought to have the sentences and the order revoking his post-release conviction vacated. The court denied the motion, and he appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Hamberlin argues that his guilty pleas should be vacated as he did not give them knowingly, voluntarily, or intelligently, because his counsel deceived him regarding the recommended sentences in the guilty pleas. A plea of guilty is not voluntary if induced by fear, violence, deception, or improper inducements. The transcript from the trial court clearly contradicts Hamberlin’s claims. The transcript shows that the State specifically reported the recommended sentences at the hearing and that Hamberlin understood those. The trial judge specifically asked Hamberlin whether he was threatened or was promised anything in order to get him to enter his guilty pleas, and Hamberlin answered in the negative. Issue 2: Ineffective assistance of counsel Hamberlin argues that his attorney rendered ineffective assistance of counsel. Hamberlin has produced no evidence, other than his sworn motion for sentencing reconsideration, to support this claim. Mere allegations are insufficient to entitle a defendant to an evidentiary hearing on a post-conviction claim of ineffective assistance of counsel. Issue 3: Evidentiary hearing When the only evidentiary support offered by a defendant is his own affidavit, or in this case, his sworn motion for reconsideration, and it is contradicted by his own sworn statement, an evidentiary hearing is not required. Therefore, the court did not err in failing to hold an evidentiary hearing. |
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