Beal v. State
| Docket Number: | 2010-CP-00164-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-29-2011 Opinion Author: Lee, C.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Initial appearance - Ineffective assistance of counsel - Voluntariness of plea Judge(s) Concurring: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Maxwell, JJ. Concurs in Result Only: Carlton, J. Without Separate Written Opinion Procedural History: PCR; Dismissal Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 01-08-2010 Appealed from: Madison County Circuit Court Judge: William E. Chapman, III Disposition: Motion for Post-Conviction Relief Dismissed Case Number: 2009-0396-C |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jessie Beal |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS | ||
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 - Initial appearance - Ineffective assistance of counsel - Voluntariness of plea |
| Summary of the Facts: | Jessie Beal pled guilty to one count of statutory rape and was sentenced to serve twenty-seven years. Beal subsequently filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Initial appearance In his first two issues, Beal argues that he was denied a timely initial appearance and his constitutional rights were violated when the trial court failed to give him a timely initial appearance. Upon the entry of a valid guilty plea, certain challenges are waived by the defendant, including the right to an initial appearance. Issue 2: Ineffective assistance of counsel Beal argues that his trial counsel was ineffective for failing to raise the issue of Beal’s initial appearance. Prisoners alleging ineffective assistance of counsel in a motion for post-conviction relief must show the elements of the claim with specificity and detail. By pleading guilty, Beal waived any challenge to his initial appearance. Thus, Beal’s attorney was not deficient in failing to raise this issue during Beal’s guilty plea hearing. Furthermore, Beal has failed to state with particularity how his counsel’s performance was deficient and any resulting prejudice. Issue 3: Voluntariness of plea Beal argues that the timing of his initial appearance influenced his decision to enter a guilty plea. A plea is considered voluntary and intelligent if the defendant is advised regarding the nature of the charge against him and of the consequences of the guilty plea. According to the plea colloquy, Beal admitted that he was guilty of statutory rape. Beal was also informed of the effect of the plea, the rights he would waive if he pleaded guilty, and the possible sentence he could receive. |
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