Pearson v. State
| Docket Number: | 2005-CA-00752-COA Linked Case(s): 2005-CT-00752-SCT ; 2005-CA-00752-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-18-2006 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Motion to expand record - Evidentiary hearing Judge(s) Concurring: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ. Non Participating Judge(s): Roberts, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 01-20-2005 Appealed from: Clarke County Circuit Court Judge: Robert Bailey Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. District Attorney: BILBO MITCHELL Case Number: 2004-115® |
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| Party Name: | Attorney Name: | |||
| Appellant: | James C. Pearson, Sr. a/k/a James Clarence Pearson, a/k/a "Johnny" |
ROBERT LOFTON GRAY, DAVID RANDALL WADE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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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 - Motion to expand record - Evidentiary hearing |
| Summary of the Facts: | James C. Pearson, Sr., pled guilty to one count of sexual battery. Pearson was sentenced to thirty years, with twenty years suspended. Pearson filed a motion for post-conviction relief and a motion to expand the record which the court denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Pearson argues that his post-traumatic stress disorder and the medication he was taking for this condition impaired his ability to voluntarily enter a guilty plea. The trial judge noted that during the entire plea colloquy he did not suspect that Pearson was incompetent, but, to the contrary, found Pearson to be lucid. The trial judge further stated that Pearson included a list of medications that he had been prescribed at the time of the plea hearing; however, Pearson did not include an affidavit from his doctor or any other medical evidence to support his claim that either a mental defect or drugs affected the voluntariness of his plea. Thus, there is no error in the trial judge’s decision to deny Pearson’s motion. Issue 2: Motion to expand record Pearson argues that he has a right of access to a physician in order to obtain evidence to support his motion for post-conviction relief. Pearson cites to no law in support of his argument. Furthermore, Pearson acknowledges that the right he claims was violated is not clearly established in Mississippi jurisprudence. Issue 3: Evidentiary hearing Pearson argues that he is entitled to an evidentiary hearing in order to prove that his guilty plea was involuntary. However, Pearson has no evidence to support this contention. Unsupported allegations in the pleadings are insufficient to require an evidentiary hearing. |
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