Booker v. State
| Docket Number: | 2006-CP-00026-COA Linked Case(s): 2006-CP-00026-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-21-2006 Opinion Author: Southwick, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel - Illegal sentence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 12-05-2005 Appealed from: Yazoo County Circuit Court Judge: Jannie M. Lewis Disposition: DISMISSAL OF MOTION FOR POSTCONVICTION COLLATERAL RELIEF Case Number: 2005-C171 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Kayo Kinta Booker |
KAYO KINTA BOOKER (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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 - Voluntariness of plea - Ineffective assistance of counsel - Illegal sentence |
| Summary of the Facts: | Kayo Booker entered a guilty plea on two counts of murder. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Booker argues that he pled guilty because his counsel had frightened him with the prospect that he would get the death penalty if he went to trial. The trial court denied relief based almost entirely on the plea petition. The petition apparently contained sworn assertions denying most if not all of what Booker stated in his request for post-conviction relief. It would have been preferable that the plea petition relied upon by the trial judge have been included in the record. However, Booker had the burden to ensure the record is adequate to support his claims of error. The trial court properly found that no promises regarding parole or a specific lesser sentence had been made to Booker and that his plea was not induced by any such understandings. Issue 2: Ineffective assistance of counsel Booker argues that his counsel rendered ineffective assistance for failing to insist on testimony from a psychiatrist regarding Booker’s stability and competence, and by misleading Booker to enter a guilty plea. There is no evidence or even assertion in Booker’s post-conviction pleadings that requires that issues regarding his mental competence be re-examined. In addition, Booker has failed to point to any deficiency by his counsel. Issue 3: Illegal sentence Booker argues that he never knew the minimum sentence, and he also appears to assert that the life sentence was somehow illegal. Booker’s own motion reveals that he knew the sentence he would get, which in fact was the minimum and maximum. Alleged understandings regarding parole are disproved by his sworn plea petition. |
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