McNutt v. State
| Docket Number: | 2010-CP-00788-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-11-2011 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - 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: 04-16-2010 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2010-00,064(2) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Demetrius McNutt |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA H. TEDDER | ||
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 - Ineffective assistance of counsel - Voluntariness of plea |
| Summary of the Facts: | Demetrius McNutt pled guilty to murder and felony evading arrest. McNutt was sentenced to life for murder and five years for felony evading arrest. McNutt filed a motion for post-conviction relief which the court denied. McNutt appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel McNutt argues that his counsel was ineffective for failing to investigate the facts and circumstances of the murder charge independently and introduce exculpatory evidence demonstrating that another person was the mastermind of the crime, and not McNutt. Despite McNutt’s repeated assertions on appeal that he was merely an innocent bystander of the crime, McNutt’s testimony to the contrary at his guilty-plea hearing contradicts this claim. As such, McNutt cannot now refute the testimony he gave under oath with mere allegations that his counsel failed to investigate the case properly. McNutt explained in full detail for the circuit court exactly what happened on the night of the murder, and he admitted he killed the victim during the commission of an armed robbery. Issue 2: Voluntariness of plea 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. McNutt argues that the record lacks a factual basis to support his guilty pleas. The circuit court extensively questioned McNutt about the events on the night in question, and the circuit judge instructed McNutt to tell the circuit court, in his own words, exactly what happened on that night. McNutt complied and described in exact detail his commission of the murder and his felony evasion. Thus, his argument that the record lacks factual bases for his guilty pleas fails. |
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