Richardson v. State
| Docket Number: | 2002-CP-01619-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-14-2003 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Psychiatric evaluation - Voluntariness of plea - Ineffective assistance of counsel Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 09-03-2002 Appealed from: Sunflower County Circuit Court Judge: Betty W. Sanders Disposition: DENIAL OF MOTION FOR POST-CONVICTION RELIEF District Attorney: Frank Carlton Case Number: 2002-0116-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | J.C. Richardson |
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 - Psychiatric evaluation - Voluntariness of plea - Ineffective assistance of counsel |
| Summary of the Facts: | J. C. Richardson pled guilty to manslaughter and possession of a firearm by a convicted felon. He was sentenced to twenty-three years. He files a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Psychiatric evaluation Richardson argues he should have had a psychiatric evaluation because he was using drugs at the time he entered his plea. However, the record does not support this claim. In both his petition to enter a guilty plea and his plea colloquy, Richardson testified under oath that he understood what he was doing and that he had not consumed alcohol or narcotics in the three days prior to the hearing. Issue 2: Voluntariness of plea Richardson argues that he did not plead guilty voluntarily, knowingly and intelligently because he was mentally unsound and was forced into his guilty plea by his own attorney. A plea is voluntary if the defendant was advised of the nature of the charges against him, the rights which he would waive by pleading guilty, the maximum sentences that he could receive for the crimes charged, and whether he was satisfied with the advice and counsel of his attorney. Here, the record shows that Richardson was fully informed of the nature of the charge against him, the rights he would waive by pleading guilty, and the maximum sentence he could receive, and that he expressed full satisfaction with his attorney. Issue 3: Ineffective assistance of counsel Richardson argues that his attorney should have requested that he receive a psychiatric evaluation. Because Richardson fails to present with specificity and detail how the failure of his counsel to seek a mental evaluation deprived him of a fair trial, Richardson has failed to make the requisite showing that his counsel's performance was deficient and prejudicial. |
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