Hull v. State
| Docket Number: | 2005-CP-00271-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-27-2006 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Voluntariness of confession - Factual basis - Prosecutorial misconduct Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 01-18-2005 Appealed from: Sunflower County Circuit Court Judge: Betty W. Sanders Disposition: POST-CONVICTION RELIEF DENIED Case Number: 2004-0100-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Eric Hull |
ERIC HULL (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 - Voluntariness of confession - Factual basis - Prosecutorial misconduct |
| Summary of the Facts: | Eric Hull entered a guilty plea to manslaughter and was sentenced to twenty years. Hull subsequently filed a post-conviction motion which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Hull sought to show that his attorney had provided ineffective assistance by failing to subpoena an alibi witness. The trial court could not find that Hull would be prejudiced by the failure to subpoena this witness in the plea negotiation because the case did not go to trial. In addition, the plea colloquy between Hull and the judge contradicts his argument that his guilty plea was not voluntary and that there was a different plea bargain agreement. Issue 2: Voluntariness of confession Hull argues that his counsel coerced and strong-armed him into pleading guilty via trickery, giving false information, and using abusive and threatening language. The transcript of the plea hearing clearly shows that Hull had several opportunities to bring any such treatment to the attention of the court prior to the court accepting his guilty plea and sentencing him. The court’s conclusion at the guilty plea hearing that Hull freely and voluntarily entered his plea is supported by the record. Issue 3: Factual basis Hull argues that the guilty plea should not have been accepted without there being a sufficient factual basis of guilt. At the plea hearing, the district attorney stated specific facts concerning the homicide – that Hull shot and killed the victim during a domestic confrontation. Although Hull did not admit to killing the victim, he did plead guilty to manslaughter and stated that it was in his best interest to enter the plea. The court had before it sufficient evidence of the crime to accept the plea. Issue 4: Prosecutorial misconduct Hull argues that the district attorney who appeared at the evidentiary hearing was the same district attorney who set up the plea agreement in which Hull alleges that he was offered twenty years with ten years suspended and ten years to serve. The district attorney was consistent in his testimony that no such plea agreement was offered. |
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