Tralyssa Hamer a/k/a Tralissa Hamer v. State of Mississippi

CourtCourt of Appeals of Mississippi
DecidedMay 21, 2024
Docket2023-CP-00701-COA
StatusPublished

This text of Tralyssa Hamer a/k/a Tralissa Hamer v. State of Mississippi (Tralyssa Hamer a/k/a Tralissa Hamer 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
Tralyssa Hamer a/k/a Tralissa Hamer v. State of Mississippi, (Mich. Ct. App. 2024).

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2023-CP-00701-COA

TRALYSSA HAMER A/K/A TRALISSA HAMER APPELLANT

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 06/05/2023 TRIAL JUDGE: HON. KELLY LEE MIMS COURT FROM WHICH APPEALED: ALCORN COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: TRALYSSA HAMER (PRO SE) ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: CASEY BONNER FARMER NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF DISPOSITION: AFFIRMED - 05/21/2024 MOTION FOR REHEARING FILED:

BEFORE CARLTON, P.J., LAWRENCE AND SMITH, JJ.

SMITH, J., FOR THE COURT:

¶1. Tralyssa Hamer pled guilty to two counts of child abuse in the Alcorn County Circuit

Court. For Count One, the circuit court sentenced her to a term of twenty years in the custody

of the Mississippi Department of Corrections (MDOC), with eight years suspended and

twelve years to serve, followed by five years of post-release supervision. For Count Two, the

court sentenced her to a term of twenty years suspended and ordered the two sentences to run

consecutively. She filed a motion for post-conviction collateral relief (PCR) to vacate her

convictions and sentences, arguing three grounds: her guilty plea was not voluntarily made,

she was denied effective assistance of counsel, and she was a victim of entrapment. The

circuit court denied relief and dismissed Hamer’s PCR motion without an evidentiary hearing. Aggrieved, she appeals claiming she was entitled to an evidentiary hearing on her

PCR motion. Finding no error, we affirm the circuit court’s order denying relief and

dismissing Hamer’s PCR motion.

FACTS AND PROCEDURAL HISTORY

¶2. In October 2019, the Mississippi Department of Child Protective Services (MDCPS)

placed two children in Hamer’s foster home. Subsequently, an Alcorn County grand jury

indicted Hamer on two counts of felonious child abuse in December 2020. The indictment

alleged that on or about May 11, 2020, Hamer “did intentionally, knowingly or recklessly,

unlawfully, and feloniously whip, strike, or otherwise abuse” each child, resulting in serious

bodily harm in violation of Mississippi Code Annotated section 97-5-39. She pled guilty to

both counts in March 2023, and on April 11, 2023, the circuit court entered orders accepting

her guilty pleas and imposing her sentences as described above.

¶3. In May 2023, Hamer filed her initial PCR motion, which was quickly followed by an

amended PCR motion. Her amended PCR motion alleged that she received ineffective

assistance of counsel based on a failure to litigate an alleged speedy-trial violation, that her

guilty plea was rendered involuntary by counsel’s ineffective assistance, and that she had a

valid entrapment defense. The circuit court entered an order on her PCR motion in June

2023, concluding that all of Hamer’s asserted grounds for relief were without merit and

dismissing her PCR motion without an evidentiary hearing. In reviewing Hamer’s PCR

motion, the circuit court determined that she

assert[ed] that her guilty plea was involuntary as a ground for relief, [but] the present [m]otion is devoid of such argumentation or evidence. Instead, the only

2 things marginally argued by [Hamer] for the relief sought is that her counsel was deficient because he did not fully litigate the dismissal of her underlying charges for lack of speedy trial, and she was entrapped.

The court noted that she did not present any affidavits or other evidence to support that her

ineffective-assistance-of-counsel claim or that the allegedly deficient assistance prejudiced

her when she pled guilty. Rather, the court’s order pointed out that Hamer actually stated the

exact opposite while under oath in the course of her plea colloquy, “affirming that she was

‘satisfied with the legal services and the advice of her attorney.’” Additionally, the court

determined that Hamer’s plea colloquy included a waiver of her right to raise the issues of

counsel’s failure to litigate a lack of speedy trial for the dismissal of her underlying charges

and counsel’s failure to assert an entrapment defense. Because Hamer relied solely on bare

assertions in her brief, and because her statements under oath contradicted those assertions,

the court held that there was no merit to her PCR claims warranting relief and summarily

dismissed her motion.

STANDARD OF REVIEW

¶4. On review, the “circuit court’s dismissal or denial of a PCR motion” will be reversed

“if the decision is clearly erroneous.” Wilkerson v. State, 307 So. 3d 1231, 1238 (¶14) (Miss.

Ct. App. 2020) (internal quotation marks omitted). “When questions of law are raised, they

are reviewed under the de novo standard of review.” Smith v. State, 354 So. 3d 396, 402

(¶21) (Miss. Ct. App. 2023).

DISCUSSION

I. Procedurally Barred Issues

3 ¶5. Hamer raises several issues in her pro se appellate brief. Although she reasserts her

PCR claims that her defense counsel was ineffective for failing to litigate a speedy trial

violation and that defense counsel’s defective assistance rendered her guilty plea involuntary,

she also asserts additional issues. Hamer’s appellate brief raises new claims related to an

insufficient factual basis for her guilty plea, and defense counsel’s defective assistance for

not interviewing witnesses, failing to disclose a lack of evidence against her, and

perpetuating a conflict of interest. Hamer asserts these additional errors for the first time on

appeal. “It is well settled that ‘an issue is procedurally barred if not first raised in a PCR

motion before a circuit court.’” Jarvis v. State, 360 So. 3d 275, 279 (¶9) (Miss. Ct. App.

2022) (quoting Camphor v. State, 339 So. 3d 205, 207 (¶6) (Miss. Ct. App. 2022)). Because

these issues were not raised before the circuit court, they are procedurally barred, and we

decline to address them on appeal.

II. Evidentiary Hearing

¶6. The crux of Hamer’s appeal is that the circuit court erred by failing to grant an

evidentiary hearing on her PCR motion. She contends that she made the necessary showing

of ineffective assistance of counsel and a guilty plea made involuntarily such that she was

entitled to an evidentiary hearing. According to Hamer, she desired to present the court with

evidence of the circumstances surrounding her guilty plea, specifically that “her plea was

involuntary, that counsel was [i]neffective[,] and that her speedy trial rights [were] violated.”

¶7. “The right to an evidentiary hearing is not guaranteed.” Parks v. State, 326 So. 3d 505,

507 (¶5) (Miss. Ct. App. 2021) (quoting Pinkney v. State, 192 So. 3d 337, 341 (¶12) (Miss.

4 Ct. App. 2015)). “A post-conviction claim for relief is properly dismissed without the benefit

of an evidentiary hearing where it is manifestly without merit.” Smith, 354 So. 3d at 404-05

(¶30) (quoting Crockett v. State, 334 So. 3d 1232, 1240 (¶26) (Miss. Ct. App. 2022)).1 The

“trial court enjoys wide discretion in determining whether to grant an evidentiary hearing.”

Id. “[T]o be entitled to an evidentiary hearing, [the movant] must demonstrate, by affidavit

or otherwise, that there are unresolved issues of fact that, if concluded favorably to the

movant, would warrant relief.” Wilkerson, 307 So. 3d at 1238 (¶15) (quoting Huggins v.

State, 291 So. 3d 401, 405 (¶12) (Miss.

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