Wilkerson v. State


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Docket Number: 2010-CA-01102-COA
Linked Case(s): 2010-CA-01102-COA ; 2010-CT-01102-SCT

Court of Appeals: Opinion Link
Opinion Date: 11-08-2011
Opinion Author: Maxwell, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Russell, JJ.
Non Participating Judge(s): Myers, J.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 06-21-2010
Appealed from: Jackson County Circuit Court
Judge: Kathy King Jackson
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: 2010-00,127(2)

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Amy Danielle Wilkerson




GEORGE S. SHADDOCK



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT  

    Synopsis provided by:

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

    Summary of the Facts: Amy Wilkerson pled guilty to depraved-heart murder. Three years later, she filed a motion for post-conviction relief which the court dismissed. She appeals.

    Summary of Opinion Analysis: Issue 1: Voluntariness of plea Wilkerson argues her guilty plea was involuntary because the circuit court failed to explain to her the minimum and maximum sentences she faced; she was not given an opportunity to explain during her plea colloquy her “own version of the alleged [baby] shaking”; and she only had thirty minutes to contemplate her plea. Wilkerson failed to raise any of the issues relating to the voluntariness of her plea in her PCR motion, which is a procedural bar. In addition, in her plea petition, she hand wrote that “Life” was the maximum sentence for murder. And at her guilty-plea hearing, Wilkerson acknowledged she understood “the only punishment for [depraved-heart murder] is life in the penitentiary.” The trial judge thoroughly explained to Wilkerson the consequences of her plea. And Wilkerson’s statements under oath evince she understood the minimum and maximum penalties she faced. During Wilkerson’s plea colloquy, she agreed to the factual basis recited by the State. At no point did she disagree with the facts offered by the State or request an opportunity to give a differing version of the events leading to the victim’s death. With regard to her claim that her plea was involuntary because she only had thirty minutes to decide whether to plead guilty, neither affidavit attached to her PCR motion supports this claim. Issue 2: Ineffective assistance of counsel Wilkerson argues that her trial attorneys were ineffective, because they failed to sufficiently investigate her case, communicate with her about the State’s evidence, and offer mitigation testimony on her behalf. Wilkerson does not explain how information yielded by additional investigation would have aided in her defense or resulted in her deciding to exercise her right to a jury trial. Though she suggests her attorneys should have discovered exculpatory witnesses, she fails to identify any such witnesses. Also, she does not allege what specific information her attorneys withheld from her. Nor does she explain how her attorneys’ alleged lack of disclosure might have changed her mind about pleading guilty. Because her argument with regard to mitigation testimony does not relate to the voluntariness of her plea, the issue is waived.


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