Holder v. State
| Docket Number: | 2010-CP-00985-COA Linked Case(s): 2010-CP-00985-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-14-2011 Opinion Author: Carlton, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Evidentiary hearing Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Russell, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-27-2010 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2010-52-CVS |
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| Party Name: | Attorney Name: | |||
| Appellant: | Carl Holder |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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 - Evidentiary hearing |
| Summary of the Facts: | Carl Holder pled guilty to burglary of a dwelling and capital murder. Holder was sentenced to twenty years for manslaughter and twenty years for burglary of a dwelling. Holder filed a motion for post-conviction relief which was dismissed. Holder appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Holder argues that he unintelligently and involuntarily entered his guilty pleas due to the erroneous advice of his attorneys. To determine whether the plea is voluntarily and intelligently given, the trial court must advise the defendant of his rights, the nature of the charge against him, as well as the consequences of the plea. The record fails to support Holder’s assertions. The record clearly demonstrates that the trial judge advised Holder of the nature of the charges against him, the consequences of his guilty pleas, and his right to have a jury decide his case. The record shows that the trial judge advised Holder of the consequences of waiving his right to a jury trial. The record further reveals that Holder acknowledged under oath his understanding of the charges against him, the consequences of pleading guilty, and the consequences of waiving his rights. Holder further argues that his attorneys’ conduct violated his Fifth, Sixth, and Fourteenth Amendment rights. While Holder submitted statements and affidavits of witnesses with his PCR motion, the statements and affidavits furnished by Holder fail to provide support to his contention that a violation of his constitutional rights occurred. Holder has failed to present evidence of his attorneys’ alleged deficiencies and, much less, how the deficiencies would have affected the outcome of his case. Moreover, a valid guilty plea operates as a waiver of all non-jurisdictional rights or defects which are incident to trial. Issue 2: Evidentiary hearing Holder argues that he was entitled to an evidentiary hearing. Holder’s argument on this issue is largely an attempt to reargue his other assertions of error that lack merit. Holder alleged no set of facts in support of his claim which would entitle him to relief. |
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