Bass v. State
| Docket Number: | 2002-CP-00852-COA Linked Case(s): 2002-CP-00852-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-05-2004 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive petition - Weight of evidence - Habitual offender status - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler and Barnes, JJ. Non Participating Judge(s): Ishee, J. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 04-23-2002 Appealed from: Warren County Circuit Court Judge: Frank G. Vollor Disposition: POST-CONVICTION RELIEF DISMISSED District Attorney: G. Gilmore Martin Case Number: 10,948-V |
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| Party Name: | Attorney Name: | |||
| Appellant: | Junior Lee Bass |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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 - Successive petition - Weight of evidence - Habitual offender status - Ineffective assistance of counsel |
| Summary of the Facts: | Junior Bass pled guilty to the crime of false pretenses and was sentenced to three years suspended and three years of supervised probation. Two years later, Bass was convicted of murder, and as a habitual offender, he was sentenced to life in prison. Bass has filed a motion for post-conviction relief on three separate occasions, all of which were denied. Bass then filed a motion for an out-of-time appeal which the court denied as a successive petition. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Successive petition Bass was convicted of murder on March 24, 1995. His initial motion for post-conviction relief was denied on April 3, 1998. A second petition for relief was denied on May 26, 1998, and a final postconviction relief motion was filed on December 6, 2000. Following the denial of the post-conviction relief petitions, Bass filed an appeal with the Mississippi Supreme Court and was again denied relief. Bass likewise seeks relief through this second petition for a out-of-time appeal. This petition is a successive petition and it is consequently barred. Given the previous denial of Bass' application for relief in 2001, his petition for an out-of-time appeal is barred since the previous motion was acted upon by the Court. Issue 2: Weight of evidence Bass argues that the verdict was against the weight of the evidence, because there were no witnesses to the murder and the State failed to establish a motive. Because Bass has failed to establish the facts he asserts support his argument, the trial court must be deemed correct in the holding that the factual basis for the conviction of Bass existed. Issue 3: Habitual offender status Bass argues that the court incorrectly sentenced him as a habitual offender, because at the time of sentence he had not been previously convicted of a crime. To be convicted as a habitual offender, the accused must be properly indicted as a habitual offender. Bass was properly indicted as a habitual offender, given his former guilty plea to the charges of false pretenses. Although Bass had sufficient time to challenge his prior offenses, he elected to admit his guilt rather than contest the charges of false pretenses. The state offered proof of the prior convictions, Bass admitted to the convictions and raised no issue to their validity. The order of the Mississippi Supreme Court denying post-conviction relief confirms the existence of the requisite second felony bringing Bass under the habitual offender statute. Issue 4: Ineffective assistance of counsel Bass argues that his counsel was inadequate but refers to no specific facts that support his allegation, except for a vague reference to his counsel’s failure to file an appeal. Within his own petition, however, Bass acknowledges the presence of an appeal. Therefore, the claim by Bass that he was denied effective assistance of counsel because of a failure to file an appeal is without merit. |
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