Smith v. State
| Docket Number: | 2003-CP-00622-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-24-2004 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Temporary insanity defense - Voluntariness of plea - Ineffective assistance of counsel - Perjured testimony - Lesser-included offense Judge(s) Concurring: King, C.J., Bridges, P.J., Myers, Chandler and Griffis, JJ. Non Participating Judge(s): Irving and Barnes, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 01-11-2003 Appealed from: Pike County Circuit Court Judge: Mike Smith Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED District Attorney: J. Daniel Smith Case Number: 03-025-B |
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| Party Name: | Attorney Name: | |||
| Appellant: | Shirley Smith |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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 - Temporary insanity defense - Voluntariness of plea - Ineffective assistance of counsel - Perjured testimony - Lesser-included offense |
| Summary of the Facts: | Shirley Smith pled guilty to two counts of arson. She was sentenced to fifteen years on each count, with seven years to serve on each count and the remaining eight to be served in post-release supervision. She filed a petition for post-conviction relief which was denied. She appeals. |
| Summary of Opinion Analysis: | Issue 1: Temporary insanity defense Smith argues that her emotional state at the time of the crime warrants a plea of not guilty by reason of temporary insanity. Diminished capacity is not a defense to a criminal charge in this state. In addition, Smith failed to raise this defense at the time she pled guilty. Issue 2: Voluntariness of plea Smith argues that her plea was not voluntarily made, because investigators frightened her into making it. A plea is voluntary only where the defendant is advised concerning the nature of the charge against him and the consequences of the plea. Smith's claims that she was forced to confess to her crimes is contradicted by the record of her plea hearing. Issue 3: Ineffective assistance of counsel Smith argues that she was inadequately represented by her attorney because he failed to investigate and present mitigating evidence. Not only does Smith's argument lack evidentiary support, but Smith's plea of guilty waived any evidentiary issues. Issue 4: Perjured testimony Smith argues that her sentence was based on perjured testimony. Smith's allegations of perjured testimony are not sufficient to require a hearing under section 99-39-9. Issue 5: Lesser-included offense Smith argues that the second charge of arson should be considered a lesser-included offense to the first count of arson. A lesser-included offense is defined as one composed of some, but not all, of the elements of the greater crime, and which does not have any element not included in the greater offense. The burning of the second dwelling is not a lesser-included offense of the first count of arson. Both crimes share the same elements. The burning of one dwelling constituted one act of arson. The burning of the other dwelling, no matter how slight the damage, constituted another act of arson. |
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