Rodgers v. State
| Docket Number: | 2010-CP-00212-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-19-2011 Opinion Author: Ishee, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Ineffective assistance of counsel - Voluntariness of plea Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 01-12-2010 Appealed from: Lee County Circuit Court Judge: Thomas J. Gardner Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: CV09-123-G-L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Terry W. Rodgers |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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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 - Time bar - Ineffective assistance of counsel - Voluntariness of plea |
| Summary of the Facts: | Terry Rodgers pled guilty to two counts of aggravated assault and one count of possession of methamphetamine. Rodgers was sentenced to twenty years on both counts of aggravated assault. He was also sentenced to eight years without eligibility for parole or probation due to application of the habitual-offender statute for the count of possession of methamphetamine. Rodgers filed a motion for post-conviction relief which the court denied. Rodgers appeals. |
| Summary of Opinion Analysis: | Issue 1: Time bar Rodgers filed his PCR motion on over three years after his conviction. Thus, Rodgers’s PCR motion is statutorily prohibited. Issue 2: Ineffective assistance of counsel Rodgers argues that his counsel’s deficient performance was reflected in her failure to investigate his alleged mental condition properly and her failure to request a pretrial hearing before the arraignment. However, contrary to Rodgers’s claims, his counsel requested a competency hearing, which was granted. Also, Rodgers testified in open court that he was satisfied with the legal services and the advice he received from his lawyer. Additionally, Rodgers was subjected to a thorough questioning by the circuit court regarding his understanding of the charges against him. Issue 3: Voluntariness of plea Rodgers argues that his guilty pleas were not properly entered due to erroneous advice from his trial counsel and Rodgers’s mental incapacity. The circuit court determined that Rodgers was legally competent to understand both the nature of his crimes and the consequences of pleading guilty to the crimes and the record supports the court’s determination. |
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