Stanley v. State
| Docket Number: | 2003-CA-00138-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-12-2004 Opinion Author: Myers, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Defective indictment - Voluntariness of plea - Ineffective assistance of counsel - Frivolous motion - Section 47-5-138(b)(i-iii) Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis and Barnes, JJ. Non Participating Judge(s): Ishee, J. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: PCR |
|
| Trial Court: |
Date of Trial Judgment: 12-19-2002 Appealed from: Wayne Circuit Court Judge: Larry Eugene Roberts Disposition: DEFENDANT’S PETITION TO VACATE AND SET ASIDE CONVICTION DISMISSED. District Attorney: Bilbo Mitchell Case Number: CV-2002-205(B) |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Kenneth D. Stanley a/k/a Kenneth Dewayne Stanley |
WANDA TURNER-LEE ABIOTO |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
|
|
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. |
|
| Topic: | Post-conviction relief - Defective indictment - Voluntariness of plea - Ineffective assistance of counsel - Frivolous motion - Section 47-5-138(b)(i-iii) |
| Summary of the Facts: | Kenneth Stanley pled guilty to attempted aggravated assault on a police officer. The court sentenced him to twelve years, six years suspended. Stanley filed a post-conviction motion which the court denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Defective indictment Stanley argues that his indictment improperly stated the elements of the crime of aggravated assault. Following the argument set forth by Stanley, the State would have to prove beyond a reasonable doubt that there was an attempt to injure the officer, if no injury had occurred. In the alternative, with an injury present, Stanley argues that the State must prove beyond a reasonable doubt that Stanley purposefully or knowingly caused bodily injury to the injury. Stanley claims that the indictment improperly combines these two alternatives. The essential elements of the crime are included in Stanley’s indictment, just not in the order in which he would prefer. In addition, having pled to the offense and not continuing to trial, Stanley has waived this matter for appeal. Issue 2: Voluntariness of plea Stanley argues that the court improperly described the implications for entering a blind plea, rendering it impossible to voluntarily enter into such a plea. However, the plea transcript indicates that Stanley understood the plea to which he entered and that Stanley acknowledged the circumstances under which his plea was entered. Issue 3: Ineffective assistance of counsel Stanley argues that his counsel was ineffective allegedly due to prescription morphine use. The bare allegation that defense counsel was taking morphine by prescription is insufficient, in and of itself, to constitute a claim of ineffective assistance of counsel. Stanley presents no specific instance in which counsel’s performance was deficient due to his alleged use of morphine, nor is any instance clear from the record. Issue 4: Frivolous filing Stanley argues that he has been unjustly penalized by the dismissal of his petition for post-conviction relief as frivolous. Section 47-5-138(b)(i-iii) allows the judge to require forfeiture of earned time upon deeming a motion to be frivolous. Because the record does not support any finding of ineffectiveness of counsel, the claim upon which Stanley’s petition for post-conviction relief was based, it was within the trial court’s discretion to forfeit sixty days of earned time. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
