Chambers v. State
| Docket Number: | 2010-CP-00321-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-12-2011 Opinion Author: Carlton, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - M.R.A.P. 10(b) - Evidentiary hearing - Ineffective assistance of counsel Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Maxwell, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 11-17-2009 Appealed from: Wilkinson County Circuit Court Judge: Lillie Blackmon Sanders Disposition: Motion for Post-Conviction Relief Denied Case Number: 2009-0111 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Isaac Chambers |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. |
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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 - M.R.A.P. 10(b) - Evidentiary hearing - Ineffective assistance of counsel |
| Summary of the Facts: | Issac Chambers pled guilty to two counts of simple assault. He also pled guilty to possession of a Schedule II controlled substance – cocaine – in an amount more than ten grams but less than thirty grams. The judge sentenced Chambers to six months in the Wilkinson County Jail for each count of simple assault and to twenty years for possession of cocaine. Chambers filed a motion for post-conviction relief which was denied. Chambers later filed a “Notice of Out of Time Appeal” which the court granted. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Chambers argues that at the time of the plea hearing, he was under the influence of medication; therefore, he did not knowingly, voluntarily, and intelligently enter his guilty plea. However, outside of his own assertions, Chambers provides no evidence or support in the record for the claim that he was mentally impaired at the time of the plea hearing. Although it is the responsibility of the appellant to designate the record pursuant to M.R.A.P. 10(b) in a manner sufficient to allow the Court to review the appellant's issues, the full plea colloquy, among other relevant documents, does not appear in the record. However, in its order denying Chambers’s motion for post conviction relief, the circuit court quoted extensively from the plea colloquy. Chambers also appears to have attached an excerpt from the plea hearing to his brief. Chambers's argument regarding the involuntariness of his guilty plea is contradicted by the plea petition. Chambers signed his plea petition and admitted that at the time of signing, he was neither under the influence of any drugs, nor alcohol, nor suffering from any mental disease. Issue 2: Evidentiary hearing Chambers argues that the circuit court erred when it denied his motion for post-conviction relief without granting him an evidentiary hearing based on his claims that “there was no evidence then and there is not evidence now.” Chambers's assertions are substantially contradicted by the court record. Therefore, the circuit court did not err in denying an evidentiary hearing. Issue 3: Ineffective assistance of counsel Chambers argues that he received ineffective assistance of counsel at his plea hearing. He submits that his defense counsel failed to have him undergo a psychological evaluation, which Chambers claims would have shown that he was under the influence of medication at the time of his plea hearing. Chambers has failed to provide any affidavits or evidence in support of his claims of ineffective assistance of counsel. Also, the record shows that his counsel negotiated a plea, counseled with him, and worked on his behalf. |
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