Chandler v. State
| Docket Number: | 2009-CP-01469-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-21-2010 Opinion Author: Barnes, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 08-21-2009 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2003-0022-CVI |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | TaForest Chandler |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE | ||
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 - Time bar - Section 99-39-5(2) - Ineffective assistance of counsel |
| Summary of the Facts: | Taforest Chandler pled guilty to sale of cocaine and involvement in a drive-by shooting. The court sentenced Chandler to fifteen years for the sale-of-cocaine charge and ten years for the drive-by-shooting charge. Seven years later, Chandler moved the trial court for a reduction of his sentence. The trial court overruled and denied Chandler’s motion as time barred. Chandler appeals. |
| Summary of Opinion Analysis: | Section 99-39-5(2) states that in the case of a guilty plea, a motion for post-conviction relief must be filed within three years of the entry of the judgment of conviction. Chandler filed his motion for a reduction in sentence well past the three-year statute of limitations. Chandler argues for the first time on appeal that his plea counsel was ineffective for failing to present to the trial court, during sentencing, evidence of Chandler’s “mental defects.” Issues not raised before the trial court for resolution are procedurally barred from being raised for the first time before the appellate court. In addition, there is no merit to Chandler’s claim that because his plea counsel did not present evidence of Chandler’s psychiatric hospital stay approximately eight years previous to the dates of the crimes at issue, his counsel was constitutionally ineffective. |
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