Pickett v. State
| Docket Number: | 2001-CA-01407-COA Linked Case(s): 2001-CA-01407-COA ; 2001-CT-01407-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-15-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Factual basis for plea Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-18-2001 Appealed from: Franklin County Circuit Court Judge: Forrest Johnson Disposition: MOTION DENIED District Attorney: Ronnie Lee Harper Case Number: 99-0102 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Charles Glen Pickett |
JOSEPH A. FERNALD |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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 - Factual basis for plea |
| Summary of the Facts: | Charles Pickett pled guilty to murder and was sentenced to life imprisonment. Pickett moved to set aside his plea of guilty. The court denied the motion, and Pickett appeals. |
| Summary of Opinion Analysis: | Pickett argues that he received ineffective assistance of counsel, because his counsel failed to expend adequate time in investigating the strength of the State’s case before allowing Pickett to enter a guilty plea, his attorney failed to interview potential witnesses, failed to investigate the crime scene, failed to review the victim's autopsy report and failed to demand psychological testing for Pickett, and his counsel failed to discuss any defense strategies or to explore other options available to Pickett to resolve the charges. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. Pickett makes a number of broad complaints concerning counsel’s failure to visit the crime scene or interview witnesses, but he makes no contention as to what such efforts could reasonably have been expected to produce in terms of evidence or information helpful to his defense. Defense counsel's failure to insist on further delay was not deficient performance, since Pickett desired to spare his family any further difficulty by admitting his complicity in the victim’s death and bring the matter to an end. Pickett also argues that there was an insufficient factual basis to support his plea of guilty. However, the record shows that, prior to the proceedings to accept his guilty plea, Pickett had made a statement to law enforcement officers of his involvement in the victim’s death under circumstances that would support a charge of murder. |
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