Wilcher v. State
Docket Number: | 2004-CP-01631-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 02-14-2006 Opinion Author: King, C.J. Holding: AFFIRMED |
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Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel Judge(s) Concurring: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, 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: 07-27-2004 Appealed from: Lincoln County Circuit Court Judge: Keith Starrett Disposition: POST-CONVICTION RELIEF DENIED District Attorney: Dee Bates Case Number: 2002-434 |
Party Name: | Attorney Name: | |||
Appellant: | Billy C. Wilcher |
BILLY C. WILCHER (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. |
Topic: | Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel |
Summary of the Facts: | Billy Wilcher pled guilty to manslaughter and aggravated assault. Wilcher was sentenced to twenty-eight years with twenty-five years to serve followed by three years of post-release supervision. Wilcher filed a petition for post-conviction relief which was denied. He appeals. |
Summary of Opinion Analysis: | Issue 1: Voluntariness of plea Wilcher argues that his plea was involuntary because it was induced by fear when his attorney threatened him that unless he pled guilty he would receive a forty-five year sentence. Wilcher indicated on the “Know Your Rights Form” that he understood his rights and that no one had threatened him to plead guilty. He further indicated that he was pleading guilty for no other reason than he was guilty of the charged offenses. Therefore, the trial court’s determination that Wilcher’s plea was voluntarily given was supported by substantial, credible evidence. Issue 2: Ineffective assistance of counsel Wilcher’s claim of ineffective assistance of counsel is based on his argument that his attorney essentially forced him to plead guilty. Since his involuntary plea argument is without merit, his ineffective assistance claim must also fail. |
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