Jefferson v. State
| Docket Number: | 2002-CP-00929-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-16-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-24-2002 Appealed from: Grenada County Circuit Court Judge: Clarence E. Morgan, III Disposition: SUMMARY DENIAL OF PETITION FOR POSTCONVICTION RELIEF District Attorney: Doug Evans Case Number: 2002-0186-CVM |
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| Party Name: | Attorney Name: | |||
| Appellant: | James E. Jefferson |
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 - Ineffective assistance of counsel |
| Summary of the Facts: | James Jefferson pled guilty to possession of 3.95 grams of cocaine and was sentenced to sixteen years. He filed a petition for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Jefferson argues that his counsel was ineffective because he failed to investigate the facts of the case and timely subpoena a witness for trial, failed to move to quash the fatally defective indictment, and failed to prevail on a motion to suppress evidence that was illegally seized. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. Jefferson's statements in his petition for post-conviction relief about the inadequacy of his counsel's service contradict the statements regarding his counsel's service that he made in his sworn petition to enter a guilty plea wherein he indicated he was satisfied with his attorney’s service. The proof that Jefferson presented to the court was insufficient on its face to sustain a claim that counsel rendered ineffective assistance for allegedly failing to subpoena, and timely subpoena, a witness, since he failed to incorporate an affidavit attesting to facts outside his personal knowledge. In addition, Jefferson's counsel was not deficient in not objecting to the indictment, because the indictment was not faulty. Also, a guilty plea waives all non-jurisdictional defects in the indictment. |
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