Thompson v. State
| Docket Number: | 2011-CP-00181-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-24-2012 Opinion Author: Maxwell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Section 99-39-9(1)(e) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Russell, JJ. Non Participating Judge(s): Fair, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 01-10-2011 Appealed from: Harrison County Circuit Court Judge: Roger T. Clark Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: A2401-10-162 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Oscar Wade Thompson, Jr. a/k/a Wade Oscar Thompson, Jr. |
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 - Ineffective assistance of counsel - Section 99-39-9(1)(e) |
| Summary of the Facts: | Oscar Thompson Jr. pled guilty to possession of cocaine with intent to distribute. Thompson was sentenced to fifteen years to be served as a habitual offender day-for-day. Thompson filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Thompson argues that his trial counsel was ineffective, because his attorney failed to “canvas the area of the crime,” interview potential defense witnesses, and discuss matters of defense or “ascertain that potential defenses did not exist.” Thompson failed to allege with specificity and detail that his lawyer’s performance was deficient and prejudicial. Further, where a PCR movant offers only his own affidavit in support of an ineffective-assistance-of-counsel claim, such evidence is insufficient to meet the pleadings requirements of section 99-39-9(1)(e). Thompson’s extensive list of prior violent convictions qualified him as a habitual offender, placing him squarely in the sights of a life sentence. Yet Thompson’s counsel negotiated a favorable plea agreement that cut Thompson’s potential sentence to fifteen years. Thus, Thompson’s counsel was quite effective. |
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