Hall v. State


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Docket Number: 2003-CP-02037-COA

Court of Appeals: Opinion Link
Opinion Date: 11-30-2004
Opinion Author: Myers, J.

Additional Case Information: Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel - Illegal indictment
Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ.
Concurs in Result Only: Irving, J.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 08-18-2003
Appealed from: Jones County Circuit Court
Judge: Billy Joe Landrum
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED
District Attorney: C. Grant Hedgepeth
Case Number: 2003-17-CV5

  Party Name: Attorney Name:  
Appellant: Eddie Hall a/k/a Eddie Terrell Hall




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN  

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

Summary of the Facts: Eddie Hall pled guilty to aggravated assault and was sentenced to twelve years with four years suspended. He filed a motion for post-conviction reliefwhich the court denied. Hall appeals.

Summary of Opinion Analysis: Issue 1: Voluntariness of plea Hall argues that his guilty plea was not voluntarily and knowingly made, because the court failed to find that there was a factual basis for his guilty plea and his plea was coerced by the intentional withholding of crucial information. Hall’s contention that the court failed to find a factual basis for his guilty plea is flatly contradicted by the record. In addition, Hall repeatedly answered that he was giving his plea freely, knowingly, and voluntarily and that he understood all of the rights he was waiving. Issue 2: Ineffective assistance of counsel Hall argues that his constitutional rights were violated due to ineffective assistance of counsel, because his counsel failed to conduct adequate investigation before making his plea recommendation. Hall’s counsel was able to comment at the plea hearing about forensic reports regarding a match between the bullet removed from the victim’s buttocks and bullets found in Hall’s vehicle; the substance of the testimony that would be offered by the victim; and the fact that Hall’s key witness would not be willing to testify in support of Hall’s theory of the case. In addition, Hall’s counsel did not proceed upon any incorrect factual assumptions. Hall’s counsel made a strategic decision that these facts would not persuade the jury to acquit Hall and that the State’s offer of a suspended sentence was generous and should have been accepted. Such strategic decisions do not in themselves give rise to a claim of ineffective assistance. Even if counsel’s performance had been deficient, there is no reasonable probability that the result would have been different. Issue 3: Illegal indictment Hall argues that the indictment was illegal because it contained multiple counts against multiple defendants. A valid guilty plea waives any issues regarding formal defects in an indictment. The issue, as framed by Hall, challenges a formal aspect of the indictment.


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