Brown v. State
| Docket Number: | 2005-CP-00417-COA Linked Case(s): 2005-CT-00417-SCT ; 2005-CP-00417-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-30-2006 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Failure to address issue - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 02-04-2005 Appealed from: Humphreys County Circuit Court Judge: Jannie M. Lewis Disposition: POST-CONVICTION RELIEF DENIED. Case Number: 5330 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Dwight Brown a/k/a Dwight Douglas Brown |
DWIGHT BROWN (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
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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 - Failure to address issue - Ineffective assistance of counsel |
| Summary of the Facts: | Dwight Brown pled guilty to manslaughter and was sentenced to twenty years. Brown subsequently filed a motion for post-conviction relief which was denied. Brown appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Brown argues that his guilty plea was involuntary, because the court failed to find a factual basis for the plea and his plea was a product of coercion because his attorney withheld crucial information. If the accused is made aware of the nature of the charges against him and the consequences of the plea, then the plea is deemed knowing and voluntary. Brown received a copy of the indictment enumerating the elements of the crime with which he was charged. He further signed a plea petition stating that he was not promised anything, coerced or induced into entering a guilty plea, and that he understood all matters set forth in the petition. Issue 2: Failure to address issue Brown argues that the court failed to address the issue of whether his sentence of twenty years was excessive for a first-time offender. This issue is plainly without merit, as it is within the trial court’s absolute discretion to impose any sentence within the bounds allowed by statute. Brown’s claim as to this issue was so completely meritless upon its face, the court did not err in failing to address it directly. Issue 3: Ineffective assistance of counsel Brown argues that his attorney failed to advise him that the prosecution could not legally obtain a death sentence under the indictment where the element of ‘commission of murder on educational property’ was not present. This argument is clearly without merit, as the indictment clearly informed Brown of the elements of the crime with which he was charged. |
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