Kenny Walton v. State of Mississippi

233 So. 3d 909
CourtCourt of Appeals of Mississippi
DecidedJune 20, 2017
DocketNO. 2016-CA-00168-COA
StatusPublished
Cited by1 cases

This text of 233 So. 3d 909 (Kenny Walton v. State of Mississippi) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kenny Walton v. State of Mississippi, 233 So. 3d 909 (Mich. Ct. App. 2017).

Opinions

BARNES, J.,

FOR THE COURT:

¶ 1. Kenny Walton appeals the denial of his motion for post-conviction relief (PCR), which was on remand from this Court. See Walton v. State, 165 So.3d 516 (Miss. Ct. App. 2015) (Cause no. 2013-CA-01708-COA). Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. As the underlying facts of this case are detailed in our prior opinion, we will address only those facts pertinent to the issue raised in this appeal. Walton, Michael McGee, Corderral McKnight, and Jasmond Matthews were indicted on September 17, 2008, for conspiracy, armed robbery, aggravated assault, arson, and kidnapping. The Bolivar County Circuit Court appoint[910]*910ed Walton a public defender, Rosharwin Williams.1

¶ 3. In October 2008, the State’s investigator interviewed McKnight and Matthews, who had already entered guilty pleas. A condition of their plea agreements was that they would testify against their codefendants. On November 14, 2008, the State filed a one-page Supplemental State’s Report' of Discovery Disclosure, stating: “With written summary pending and to be submitted to our office, the State submits that its verbal knowledge of this date is that neither the co-defendant Matthews[, nor] McKnight[,] inculpate[s] Michael MeGee or Kenny Walton and [they] instead name other accomplices[.]”2 A certificate of service indicated the report was mailed and faxed to Walton’s attorney, Williams, and McGee’s attorney, William Martin. However, Williams denies' receiving this discovery. Walton entered a guilty plea to all counts on November 21, 2008, with sentencing to be deferred pending Walton’s “truthful and complete testimony against the remaining defendant, Michael McGee.”

¶4. On May 22, 2009, Williams filed a motion to withdraw Walton’s guilty pleas, which the trial court denied. McGee’s trial was held May 27-28, 2009. McGee was acquitted of all charges, as the witnesses, including Walton, denied McGee or Walton was criminally involved. Williams filed a renewed motion to withdraw the guilty plea on July 8, 2009, stating that Walton had shared information with him that “would possibly absolve him from any criminal responsibility,” and witnesses who testified at McGee’s trial supported Walton’s “version of facts.”3 After a hearing, the court denied the motion and sentenced Walton to fifty-one years to serve, as he failed to testify for the State as agreed.

¶ 5. Walton filed a motion for reconsideration of his sentence; The trial court held that it was “without authority or jurisdiction to reconsider [Walton’s] sentence” and, additionally, there was “no new evidence warranting a reconsideration of sentence” presented at the hearing. The trial court further ruled that the motion to reconsider was actually a PCR motion, which the court denied.

¶ 6. Walton filed a PCR motion on June 12, 2012, and the court dismissed the motion as a successive writ. Walton appealed, and on May 19, 2015, this Court remanded the case for an evidentiary hearing oh Walton’s claim of ineffective assistance of counsel. Specifically, we “reverse[d] and remand[ed] to the trial court to make findings of fact on whether Williams learned of Matthews’s and McKnight’s October 2008 statements [to the investigator,] whether [Williams] reviewed these with Walton pri- or to entering his guilty plea, and the effect any non-disclosure had on Walton’s plea.” Walton, 165 So.3d at 528 (¶ 44).

¶7. At an evidentiary hearing held on August 31, 2015, Williams testified that he did not receive the supplemental discovery from the State, which is consistent with his prior testimony. He also claimed he did not know Matthews and McKnight had testified at McGee’s trial that two other individuals, not Walton and McGee, had [911]*911participated in the ■ crimes.4 However, Williams did aver that, prior to Walton’s guilty plea, he “had been in contact” with Matthews and his attorney, and Matthews “indicated that [Walton] was not involved” in the crimes. Williams said he shared that information with Walton prior to the entry of his guilty plea, and Walton entered his plea in light of that information. Based on this testimony by Williams, the circuit court found that Walton'was not denied effective assistance of counsel in connection with his guilty plea and denied Walton’s PCR motion.

¶ 8. On appeal, Walton argues that his PCR motion should have been granted, his guilty pleas set aside, and the case remanded “for a full trial on the merits.”

STANDARD OP REVIEW

¶ 9. This Court remanded for an eviden-tiary, hearing on whether Williams’s representation of Walton constituted ineffective assistance of counsel. . For Walton to prevail on his ineffective-;assistance-of-counsel claim, he must prove that Williams’s performance was . deficient, and Walton suffered prejudice as a result of the deficient performance. See Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). While there is a presumption “that counsel’s representation falls within the range of reasonable professional assistance,” the defendant may overcome this presumption upon a showing “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Thinnes v. State, 196 So.3d 204, 210 (¶ 23) (Miss. Ct. App. 2016) (quoting Sylvester v. State, 113 So.3d 618, 624 (¶ 22) (Miss. Ct. App. 2013)). We will affirm a trial court’s decision after an evidentiary hearing unless the court’s findings are “clearly erroneous.” Chase v. State, 171 So.3d 463, 479 (¶ 51) (Miss. 2015) (citation omitted). Deference is given “to the trial court as the sole authority for determining credibility of the witnesses.” Id. “[Questions of law are reviewed de novo.” Id.

DISCUSSION

¶ 10. Walton claims the ' circuit court’s finding is “clearly erroneous” because Williams’s testimony at the eviden-tiary hearing contradicted his prior “actions and representations.” At the August '5, 2009 hearing on the motion to reconsider Walton’s sentence, Williams stated: “In particular, the State has not address[ed] the issue of the .exculpatory statements that were made by their witnesses," Matthews and McKnight, as relates to Mr. Walton.... There was' no information shared with counsel that those witnesses that they pled and interviewed would exculpate this particular defendant at trial.” The State objected to that representation, claiming that the “exculpatory nature [of the] testimony of Jasmond Matthews and Corrderal McKnight was disclosed.”

¶ 11. At the August 31, 2015 evidentiary hearing, Williams acknowledged that he had discussed with Matthews’s counsel “what his client would possibly testify to, and [he] even met with [Matthews] at one point,” prior to Walton’s entering his guilty plea. Williams testified: “Í spoke with Mr. Matthews, and Mr. Matthews simply told me that [Walton] was not involved. But that was ... opposite to what my client told me when we "had our communications.” He further provided:

Well, I did interview Mr. Matthews; and Mr. Matthews told me that my client was not involved .... But then, again, when I spoke' with my client, he provided me a totally different statement. So I’m left, at that point, with two versions [912]

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233 So. 3d 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenny-walton-v-state-of-mississippi-missctapp-2017.