Warren Taylor v. State of Mississippi

180 So. 3d 786, 2015 Miss. App. LEXIS 625, 2015 WL 7729651
CourtCourt of Appeals of Mississippi
DecidedDecember 1, 2015
Docket2014-CA-01494-COA
StatusPublished

This text of 180 So. 3d 786 (Warren Taylor 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
Warren Taylor v. State of Mississippi, 180 So. 3d 786, 2015 Miss. App. LEXIS 625, 2015 WL 7729651 (Mich. Ct. App. 2015).

Opinion

IRVING, P.J.,

for the Court:

¶ 1. Warren Taylor filed a motion for post-conviction relief (PCR) in the Circuit Court of Madison County, alleging ineffective assistance of counsel and insisting that his guilty pleas were not freely and voluntarily entered. The circuit court denied the motion, and Taylor appeals, raising the same issues. Finding no error, we affirm.

FACTS

¶2. Taylor was indicted for conspiracy to sell cocaine, sale of cocaine, and tampering with physical evidence. He was later arrested and placed in the custody of the Madison County Detention Center, where he was attacked by another inmate. During the attack, Taylor sustained injuries to two of his fingers on his left hand, and he was prescribed Lortab to treat the pain. Days after the attack, Taylor signed a petition in which he disclosed his intent to enter guilty pleas to the sale of cocaine and tampering with physical evidence. During Taylor’s plea hearing, the circuit judge accepted the guilty pleas and sentenced him to serve thirty years in the custody of the Mississippi Department of Corrections. After the imposition of his sentence and after he retained new counsel, Taylor filed his PCR motion, which,' as stated;' the circuit court denied, resulting in this appeal.

DISCUSSION

¶ 3. The standard of review of a trial court’s denial or dismissal of a PCR motion is well-settled; “[W]e will only dis *788 turb the trial court’s factual findings if they are clearly erroneous; however, we review the trial court’s legal conclusions under a de novo standard of review.” Purnell v. State, 126 So.3d 949, 951 (¶ 4) (Miss.Ct.App.2013) (citing Hughes v. State, 106 So.3d 836, 838 (¶ 4) (Miss.Ct.App.2012)).

I. Ineffective Assistance of Counsel

¶ 4. Taylor alleges that before the plea hearing, he ingested a Lortab pill that rendered him incoherent. He also alleges that although he informed his trial counsel that he had taken the pill, his trial counsel ignored his complaints and executed his plea petition against his will. Taylor contends that

had [his trial counsel] delved further into [his] claims of physical assault ... and asserted the intervening circumstances of [him] having been under the influence of [Lortab] at the time of the guilty[-]plea hearing, it is reasonable to conclude that the outcome of a jury trial may have been different.

¶5. Taylor also contends that he received ineffective assistance of counsel because his trial counsel failed to properly investigate and present to the fact-finder possibly exculpatory evidence that he allegedly made counsel aware of before the plea hearing. According to Taylor, that evidence could have resulted in the dismissal of his charges. In response, the State predictably argues that Taylor has not met his burden of proving ineffective assistance of counsel.

¶ 6. To prove ineffective assistance of counsel, Taylor must establish that under the totality of the circumstances that

(1) [his trial] counsel’s performance was deficient and (2) the deficient performance deprived [him] of a fair trial. [It is imperative that Taylor] make both showings. With regard to the showing of deficient performance, [our] inquiry will focus on whether [trial] counsel’s performance fell below an objective standard of reasonableness. The determination will consider whether the assistance was reasonable under all the circumstances seen from [trial] counsel’s perspective at the time, and the prevailing professional norms for attorneys. [Trial] counsel is presumed competent, and [appellate courts] indulgef ] a strong presumption that ... counsel’s conduct is within the wide range of reasonable professional assistance.

Simon v. State, 857 So.2d 668, 682-83 (¶¶ 22-23) (Miss.2003) (internal citations omitted).

¶ 7. In Taylor’s plea petition, he stated that (1) there was “nothing wrong with [him] physically or mentally which might [have] impair[ed] [his] ability to read and understand th[e] petition or ... to knowingly, willingly, and voluntarily enter” the guilty pleas; (2) although he was then “currently taking Lortab,” he was “not under the influence of any drugs or intoxicants or any other substance [that] might [have] impair[ed] [his] ability to understand th[e] petition or [plea] proceedings”; (3) in the presence of his counsel, he had read or had had read to him the plea petition, and his trial counsel had explained the petition to him and answei’ed all of his questions; (4) his trial counsel had thoroughly discussed with him and advised him of all the aspects of his case, including the elements of each offense; and (5) he was satisfied with his trial counsel’s representation.

¶ 8. During the plea hearing, the following colloquy took place:

THE COURT: Have you had an opportunity to discuss with your attorney all the facts and circumstances related to each of the crimes that you’ve offered to plead guilty to?
*789 [TAYLOR:] Yes, sir.
THE COURT: Did your discussions with your attorney include any possible defenses that you may have to • these charges? In other words, did you tell her everything that you know about these crimes[ — the good, the bad, and the ugly?]
[TAYLOR:] Yes, sir.
[[Image here]]
THE COURT: You’ve been represented by [trial counsel]. Are you satisfied with her representation?
[TAYLOR:] Yes, sir.
THE COURT: Do you have any complaints you wish to make about your attorney?
[TAYLOR:] No, sir.
[[Image here]]
THE COURT: Do you have any questions about anything?
[TAYLOR:] No, sir.
[[Image here]]
THE COURT: [T]he bottom line is [that] it’s not too late at this point to stop this hearing and proceed to trial. But it will be once I accept your pleas of guilty. So before I do that[,] I want to make sure this is what you want to do, Mr. Taylor.
[TAYLOR:] Yes, sir.
THE COURT: Do you want to plead guilty?
[TAYLOR:] Yes, sir.
THE COURT: Do you have any questions about anything?
[TAYLOR:] No, sir.

¶ 9. The record clearly belies Taylor’s unsupported claims that he received ineffective assistance of counsel. During the plea hearing, Taylor stated that he was satisfied with his trial counsel’s representation and that his trial counsel had adequately advised him of all aspects of his case, including his possible defenses. Also, during the plea hearing, although the. circuit judge made it very clear to Taylor that he could end the hearing and proceed to trial, where he could present his theory of defense, Taylor insisted on entering the guilty pleas.

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Related

Brown v. State
944 So. 2d 103 (Court of Appeals of Mississippi, 2006)
Simon v. State
857 So. 2d 668 (Mississippi Supreme Court, 2003)
Hughes v. State
106 So. 3d 836 (Court of Appeals of Mississippi, 2012)
Purnell v. State
126 So. 3d 949 (Court of Appeals of Mississippi, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
180 So. 3d 786, 2015 Miss. App. LEXIS 625, 2015 WL 7729651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-taylor-v-state-of-mississippi-missctapp-2015.