Ducksworth v. State


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Docket Number: 2010-CP-00479-COA
Linked Case(s): 2010-CP-00479-COA

Court of Appeals: Opinion Link
Opinion Date: 03-29-2011
Opinion Author: Irving, P.J.
Holding: Affirmed.

Additional Case Information: Topic: Post-conviction relief - Factual basis - Ineffective assistance of counsel - Voluntariness of plea
Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 03-04-2010
Appealed from: Jones County Circuit Court
Judge: Billy Joe Landrum
Disposition: Petition for Post-Conviction Relief Denied
Case Number: 2010-18-CV3

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Tony Ducksworth




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART  

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Topic: Post-conviction relief - Factual basis - Ineffective assistance of counsel - Voluntariness of plea

Summary of the Facts: Tony Ducksworth pled guilty to the crime of forcible rape and was sentenced to thirty years, with twenty years to serve and ten years of post-release supervision. Ducksworth filed a motion for post-conviction relief which the court denied. He appeals.

Summary of Opinion Analysis: As to Ducksworth’s actual-innocence claim, there is insufficient evidence in the record to support his contention. When Ducksworth pleaded guilty, he admitted that there was a factual and legal basis that he had committed the crime of forcible rape. The only evidence of consensual sex came from Ducksworth’s own self-serving affidavit, which is wholly insufficient to support his claim. As to Ducksworth’s claim that his counsel was ineffective, he indicated that he was satisfied with his attorney’s representation. There also is no merit to Ducksworth’s claim that his guilty plea was not knowingly and intelligently entered. The transcript of Ducksworth’s plea colloquy shows that Ducksworth was informed of the minimum and maximum sentence that he might receive as well as all the rights and procedures that he would be entitled to if chose to proceed to trial. Ducksworth was informed of the charge against him and of the factual basis for the charge. Ducksworth indicated that he was sufficiently educated, that he was not under the influence of any drugs or alcohol, and that he still wished to plead guilty.


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