Jones v. State


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Docket Number: 2004-CP-02491-COA

Court of Appeals: Opinion Link
Opinion Date: 02-07-2006
Opinion Author: Griffis, J.
Holding: AFFIRMED

Additional Case Information: Topic: Post-conviction relief - Exclusion of videotape - Voluntariness of plea - Ineffective assistance of counsel
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes and Ishee, JJ.
Non Participating Judge(s): Southwick and Roberts, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 12-03-2004
Appealed from: Grenada County Circuit Court
Judge: Clarence E. Morgan, III
Disposition: POST-CONVICTION RELIEF DENIED
District Attorney: Doug Evans
Case Number: 2004-0526CVM

  Party Name: Attorney Name:  
Appellant: Raymond Jones




RAYMOND JONES (PRO SE)



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  

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Topic: Post-conviction relief - Exclusion of videotape - Voluntariness of plea - Ineffective assistance of counsel

Summary of the Facts: Raymond Jones pled guilty to sexual battery and was sentenced to twenty years. Jones filed a motion for post-conviction relief, which was denied. He appeals.

Summary of Opinion Analysis: Issue 1: Exclusion of videotape Jones argues that the court was required to suppress the videotape that was illegally obtained from his home. Jones filed a motion to suppress evidence based on illegal search and seizure. Jones also based his decision to plead guilty on the fact that the trial court denied his motion to suppress. The record shows that Jones was advised that he could appeal this ruling, but he nevertheless decided to plead guilty. The record shows he was also advised that pleading guilty waived his rights to appeal. Once he pled guilty, he gave up his right to appeal this evidentiary ruling. Issue 2: Voluntariness of plea Jones argues that he pled guilty, because the videotape was admitted into evidence. A plea is voluntary and intelligent when the defendant is informed of the charges against him and the consequences of his plea. A plea is involuntary if it is coerced by fear, violence, deception, or improper inducements. The record indicates that the trial judge explicitly informed Jones that by pleading guilty he was waiving his right to appeal. Jones told the judge that he understood. Jones also testified under oath that he was not coerced into pleading guilty. He testified the only reason he was pleading guilty was because he was in fact guilty. Hence, Jones’ plea was not coerced. Issue 3: Ineffective assistance of counsel Jones argues that his attorney was ineffective, because he lost the motion to suppress, and he failed to inform Jones that he could pursue an interlocutory appeal of the denial of the motion to suppress. With regard to his first claim, this allegation is too vague to state an ineffective assistance claim. With regard to his second claim, an interlocutory appeal is not an automatic right. Permission must be granted by the supreme court. In addition, Jones admits he was aware he could have appealed the decision in a final appeal.


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