Hearvey v. State
| Docket Number: | 2004-CP-00125-COA Linked Case(s): 2004-CP-00125-COA ; 2004-CP-00125-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 09-21-2004 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Factual basis - Voluntariness of plea - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis and Barnes, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 01-05-2004 Appealed from: Calhoun County Circuit Court Judge: Andrew K. Howorth Disposition: DENIED District Attorney: James M. Hood, III Case Number: CK01-075 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Taiwan Hearvey |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Factual basis - Voluntariness of plea - Ineffective assistance of counsel |
| Summary of the Facts: | Taiwan Hearvey pled guilty to two murders. He was sentenced to two life sentences to run concurrently. After serving part of his sentence, Hearvey filed a motion for post-conviction relief. The court denied the motion, and Hearvey appeals. |
| Summary of Opinion Analysis: | Issue 1: Factual basis Hearvey argues that the plea colloquy was defective because he was not asked to recite those acts he was alleged to have committed that would support a murder charge. At the plea colloquy, Hearvey told the court that he understood the offenses to which he was pleading guilty. In addition, Hearvey told the judge what had occurred. Therefore, the court did not err in finding that there was a factual basis for Hearvey's guilty plea. Issue 2: Voluntariness of plea Hearvey argues that his guilty plea was not voluntarily and intelligently made. For a guilty plea to be voluntarily entered, a defendant must be advised about the nature of the crime charged against him and the consequences of the guilty plea. Here, the judge questioned Hearvey regarding his understanding of the charges against him, and Hearvey's sworn statements rebut his present argument that he pled guilty involuntarily. Issue 3: Ineffective assistance of counsel Hearvey argues that his attorney misadvised him by informing Hearvey that if he did not waive the indictment and plead guilty, a grand jury would indict him as an habitual offender. Hearvey had two prior felony convictions-- a conviction for burglary and a conviction for aggravated assault. Therefore, he could have been indicted as an habitual offender. |
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