Newson v. State
Newson v. State
Opinion
¶ 1. This appeal arises from a decision of the Circuit Court of Marshall County denying Joseph B. Newson's post-conviction collateral relief motion. Feeling aggrieved, Newson comes before this court pro seasserting that he received ineffective assistance of counsel because he was coerced by counsel into entering a plea of guilty and that his plea was not knowingly, willingly and voluntarily given because his counsel had rehearsed with him how to answer the questions asked by the trial judge. We reject Newson's arguments and affirm the judgment of the trial court.
¶ 4. Newson argues that his attorney, Joe M. Wilson, violated his Sixth Amendment right to a fair trial when Wilson made no pre-trial preparation and coerced Newson into agreeing to a plea agreement offered by the State to avoid going to trial. Newson also argues that Wilson rehearsed the responses that Newson made in response to the judge's inquires at the plea hearing. Newson further expounds that he was told to admit guilt to the charge of armed robbery, even though he explained to Wilson that the response would be untrue. In addition, Newson advances that Wilson responded that sometimes a lie is better than the truth and advised Newson to plead guilty to receive a lesser sentence rather than go to trial and possibly receive the maximum sentence.
¶ 5. Newson's affidavit was the only affidavit included with his PCR motion. Mississippi Code Annotated section
2. Involuntary Plea
¶ 6. Newson argues that his plea was involuntary because his attorney rehearsed with him responses to make in answering the judge's questions during the plea hearing. Further, Newson claims his attorney threatened that Newson would receive thirty years with no parole if he did not plead guilty. Newson also contends that, during the plea hearing, he was never informed by the judge as to the identity of the charge or crime to which he was pleading.
¶ 7. In order for Newson to withdraw his guilty plea, he must prove by a preponderance of evidence that his plea was made involuntarily. Schmitt v. State,
¶ 8. A meticulous review of the record reveals an absence of evidence to show that Newson's plea was not knowingly and voluntarily made. Newson's allegations are contradicted by his sworn statement at the plea hearing as well as by a signed plea petition admitting guilt. The record of the plea hearing is replete with evidence that proves that Newson freely and willingly pleaded guilty. During the plea hearing, the following exchange transpired:
Q. All right. Mr. Newson, do you know of any reason why this Court should not accept your pleas of guilty?
A. (Mr. Newson) No, sir.
Q. Are you telling me that you're pleading guilty because you are guilty and for no other reason?
A. (Mr. Newson) Yes, sir?
¶ 9. Although Newson correctly asserts that the trial judge did not mention the crime charged or the specific elements, Newson was aware that he was being charged with armed robbery because he signed the petition to accept plea and swore under oath that the signature was his. In paragraph four of the "Petition of *Page 1038 Defendant For Court To Accept Plea," Newson acknowledged that "[my] lawyer has advised me on the nature of the charge(s) and the possible defenses that I may have to the charge(s)." In paragraph three, the charge is listed as armed "robbery." In paragraph 9, the maximum and minimal sentences are stated. In paragraph 14, Newson acknowledges that his lawyer "has advised me of the elements of the crime to which I am pleading." For the reasons stated above, we find that Newson's guilty plea was freely and voluntarily given.
¶ 10. THE JUDGMENT OF THE CIRCUIT COURT OF MARSHALL COUNTY DENYINGPOST-CONVICTION RELIEF IS AFFIRMED. ALL COSTS ARE ASSESSED TO MARSHALLCOUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P. JJ., BRIDGES, THOMAS, LEE,MYERS, CHANDLER AND BRANTLEY, JJ., CONCUR.
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Reference
- Full Case Name
- Joseph B. Newson v. State of Mississippi
- Cited By
- 1 case
- Status
- Published