Conwill v. State
| Docket Number: | 2010-CP-00670-COA Linked Case(s): 2010-CP-00670-COA ; 2010-CT-00670-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-29-2011 Opinion Author: Griffis, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Prosecutorial misconduct - Nolle prosequi - Voluntariness of plea Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Non Participating Judge(s): Myers, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-17-2010 Appealed from: Madison County Circuit Court Judge: Samac Richardson Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DENIED Case Number: CI-2009-0363-R |
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| Party Name: | Attorney Name: | |||
| Appellant: | Andrew Conwill |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF ATTORNEY GENERAL: W. GLENN WATTS |
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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 - Prosecutorial misconduct - Nolle prosequi - Voluntariness of plea |
| Summary of the Facts: | Andrew Conwill pled guilty to aggravated assault. He was sentenced to twenty years, with seventeen years to serve, three years suspended, and three years of post-release supervision. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Nolle prosequi Conwill argues the State engaged in prosecutorial misconduct by requesting a nolle prosequi on the January 4 burglary charge and then re-indicting him for the crime of aggravated assault. Conwill claims the State was motivated by the lack of evidence for the January 4 burglary charge, which came to light during his trial for the April 14 burglary charge. The entry of a nolle prosequi unconditionally dismisses a criminal indictment, but without prejudice to the State to seek re-indictment. Generally, the defendant may be reindicted and retried for the same offense. Or, the defendant may be indicted for another offense actually committed for which the defendant was not tried. Thus, under Mississippi law, the State had the authority to seek a nolle prosequi for the January 4 burglary charge and to indict Conwill subsequently for the offense of aggravated assault. And Conwill’s contention that the State was required to show “manifest necessity” in order to do so in this instance is meritless. In addition, Conwill’s guilty plea to aggravated assault waived any non-jurisdictional rights or complaints incidental to trial. This includes complaints of prosecutorial misconduct. Issue 2: Voluntariness of plea Conwill argues that his guilty plea was involuntary because he was coerced by his probation officer into making an incriminating statement on the pre-sentence investigation report for his April 14 burglary conviction, in which he admitted to beating up a victim on January 4. The circuit court explained to Conwill prior to accepting his guilty plea that when a defendant enters a guilty plea, the defendant waives certain rights, challenges, and/or claims that otherwise may be available to him in a trial setting. This includes an allegation of a coerced confession. Further, Conwill declared in his plea petition that no officer or agent of any branch of government had threatened, forced, or coerced him in any manner with regard to his decision to enter a guilty plea. |
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