Swindoll v. State
| Docket Number: | 2002-CP-01897-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of confession - Voluntariness of plea - Ineffective assistance of counsel Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 10-11-2002 Appealed from: Webster County Circuit Court Judge: Clarence E. Morgan, III Disposition: PCR DENIED District Attorney: Doug Evans Case Number: 2002-0064-CV-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael Swindoll a/k/a Mickeal Swindoll |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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 - Voluntariness of confession - Voluntariness of plea - Ineffective assistance of counsel |
| Summary of the Facts: | Mickeal Swindoll pled guilty to the charges of sale, transfer, distribution or delivery of methamphetamine and commercial burglary. He filed a petition for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Voluntariness of confession Swindoll argues that his confession was coerced, because he was not advised of his Miranda rights. A valid guilty plea operates as a waiver of all non-jurisdictional rights or defects which are incident to trial. If Swindoll entered a valid guilty plea, then he explicitly waived any right to suppress the alleged coerced confession. Issue 2: Voluntariness of plea Swindoll argues that his plea was not voluntary, because his attorney misadvised him by stating that he could receive a maximum of thirty years on the methamphetamine charge. A plea is voluntary where the defendant is advised concerning the nature of the charge against him and the consequences of the plea. The record does not support Swindoll’s claim that his guilty plea was involuntary. In his petition to enter a guilty plea, Swindoll confirms that the maximum sentence for the methamphetamine charge is thirty years. Issue 3: Ineffective assistance of counsel Swindoll argues that he was denied effective assistance of counsel, because his attorney failed to investigate his claims of police misconduct and refused to file a motion to suppress his confession. In the petition to enter a plea of guilty, Swindoll confirmed that his lawyer has done all that anyone could do to counsel and assist him and that he was satisfied with the advice and help his attorney had given him. In addition, the judge specifically asked Swindoll if he was satisfied with the representation and Swindoll answered his question in the affirmative. |
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