Hayes v. State
| Docket Number: | 2005-CP-01409-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-08-2006 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, 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: 06-27-2005 Appealed from: Attala County Circuit Court Judge: Joseph H. Loper Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 05-0170-CV-L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Billie Joe Hayes |
BILLIE JOE HAYES (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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 - Ineffective assistance of counsel |
| Summary of the Facts: | Billie Hayes entered a plea of guilty to one count of armed robbery. He was sentenced to fifteen years, with five years suspended and ten years to serve. Hayes filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Hayes argues that he suffered ineffective assistance of counsel because his attorney did not consider Hayes’ mental health during the course of his representation and that the court erred by neglecting to take into account his mental condition when sentencing Hayes. An examiners’ report stated the examiners’ unanimous opinion that Hayes was not mentally retarded, and, that while Hayes appeared to be in the borderline range of intelligence, he did not suffer from a major mental disorder. Furthermore, it is apparent that defense counsel took Hayes’s mental condition into consideration when asking the trial court for a lenient sentence. It is also clear that the trial court took Hayes’ improving mental health into account in sentencing Hayes to serve only ten years in prison. Hayes also argues that his attorney misinformed him of the maximum possible sentence for the crime of armed robbery. However, it is clear from the record that Hayes was fully apprised of the maximum possible sentence he could face upon pleading guilty to the crime of armed robbery. |
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