Charles Hadley v. State of Mississippi
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2001-CP-01292-COA
CHARLES HADLEY
v.
STATE OF MISSISSIPPI
DATE OF TRIAL COURT
JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLANT
APPELLEE
08/01/2001
HON. RICHARD D. BOWEN
LEE COUNTY CIRCUIT COURT
PRO SE
OFFICE OF THE ATTORNEY GENERAL
BY: BILLY L. GORE
JOHN RICHARD YOUNG
CIVIL - POST-CONVICTION RELIEF
MOTION FOR POST-CONVICTION RELIEF IS
DISMISSED
AFFIRMED - 07/16/2002
8/6/2002
BEFORE McMILLIN, C.J., MYERS, AND CHANDLER, JJ.
CHANDLER, J., FOR THE COURT:
¶1. Charles Hadley pleaded guilty to sexual battery and was sentenced by the Lee County Circuit Court to
fifteen years' imprisonment in the Mississippi Department of Corrections. Hadley appealed for postconviction relief and the circuit court dismissed his petition. Aggrieved, Hadley appeals, arguing that he was
denied effective assistance of counsel. Hadley also asserts that because of counsel's ineffective
representation, his plea was involuntarily entered. Finding no error, we affirm.
FACTS
¶2. In July 1998, the Lee County grand jury indicted Charles Hadley, charging him with capital rape of his
minor daughter. Hadley, facing a minimum of life imprisonment if convicted of capital rape, pleaded guilty to
the reduced charge of sexual battery. Before accepting the plea, the trial judge questioned Hadley
extensively in order to determine whether he understood the charge brought against him and the
consequences of entering a plea of guilt. Assured that Hadley fully understood the nature of the
proceedings, the trial judge accepted his plea and sentenced him to fifteen years' imprisonment without the
possibility of parole.
LAW AND ANALYSIS
¶3. In reviewing the trial court's denial of a petition for post-conviction relief, we will not disturb the factual
findings of the trial court unless they are determined to be clearly erroneous. Brown v. State, 731 So. 2d
595, 598 (¶6) (Miss. 1999). This Court "will not vacate such a finding unless, although there is evidence to
support it, we are on the entire evidence left with the definite and firm conviction that a mistake has been
made." Merritt v. State, 517 So. 2d 517, 520 (Miss. 1987).
¶4. Hadley first argues that defense counsel refused to provide him with crucial documents from a prior
youth court hearing involving the victim. According to Hadley, the documents would undeniably prove his
innocence. Additionally, Hadley asserts that counsel failed to inform him of his rights to a fast and speedy
trial. Hadley claims that these actions amounted to ineffective assistance of counsel. Moreover, Hadley
asserts that defense counsel's ineffective assistance effectively rendered his plea of guilt involuntary.
¶5. In order to succeed on the issue of whether his defense counsel's performance was ineffective, Hadley
must show that counsel's performance was deficient and that the he was prejudiced by counsel's mistakes.
Strickland v. Washington, 466 U.S. 668, 687-96 (1984). Hadley bears the burden of bringing forth
evidence that demonstrates both prongs of the Strickland test are met. Moody v. State, 644 So. 2d 451,
456 (Miss. 1994). There is a strong presumption that counsel's conduct falls within a wide range of
reasonable professional assistance; however, this presumption is rebuttable. McQuarter v. State, 574 So.
2d 685, 687 (Miss. 1990). Accordingly, this Court grants substantial deference to counsel's performance
when reviewing ineffective assistance claims. Strickland, 466 U.S. at 689. This Court looks at the totality
of the circumstances when determining if the defendant was prejudiced by counsel's representation.
McQuarter, 574 So. 2d at 687. To overcome this highly deferential standard, Hadley must demonstrate
that but for counsel's errors, the outcome of his trial would have been different. Buford v. State, 756 So.
2d 815, 817 (¶7) (Miss. Ct. App. 2000).
¶6. On September 2, 1998, the Lee County Youth Court held a hearing to determine whether the victim
had been abused within the meaning of the Mississippi Youth Court Act. At the conclusion of the hearing,
the youth court judge decided that Hadley had sexually abused his daughter. Prior to pleading guilty in the
cause sub judice, Hadley filed a motion to obtain these transcripts. The trial judge granted the motion and
the youth court judge released the transcripts under a confidential seal, instructing the trial judge to review
the transcript for any information that might have been material to Hadley's defense. The record reflects that
the trial judge never released the transcripts to either Hadley or defense counsel. Nonetheless, Hadley
argues that the trial judge did in fact hand the transcripts over to defense counsel who then refused to
provide them to him. Unfortunately, Hadley fails to support his contentions with any evidence, asking this
Court to assume that counsel refused to turn the transcripts over to him. This is an assumption we are
unwilling to make as it is "well known, [we] cannot act based on assertions made by parties in briefs, but
must limit [our] review to the record set before [us]." Jones v. State, 803 So. 2d 1259, 1261 (¶9) (Miss.
Ct. App. 2002). In essence, Hadley's failure to provide this Court with evidence in support of his claim has
undermined his attempt to rebut the presumption that counsel's performance was reasonable.
¶7. Even assuming Hadley could prove that defense counsel's performance was deficient, Hadley makes no
attempt to show counsel's failure to provide him with the documents resulted in prejudice. Subsequent to the
dismissal of his petition for post-conviction relief, Hadley obtained the transcripts from the youth court
clerk. He has placed them in his brief under the heading of "Exhibit F." Although we are limited to only
those matters in the record before us, we note that the youth court transcripts support the conclusion that
Hadley had sexually abused his daughter. By including the transcript in his brief, Hadley has proven that the
outcome of the case would not have been different had he come into possession of the youth court
transcripts; therefore, his claim for ineffective assistance is without merit.
¶8. For the same reason, Hadley's claim that his attorney failed to inform him of his right to a speedy trial
fails. Hadley was arrested on May 13, 1998, indicted on July 23, 1998, and pleaded guilty on May 3,
1999. The trial had originally been set for November 16, 1998, 117 days after the indictment. This date
was pushed back after Hadley filed a motion for continuance which was granted on November 5, 1998.
The Mississippi Supreme Court has stated that "continuances sought by the defense are charged against
them." Sharp v. State, 786 So. 2d 372, 378 (¶7) (Miss. 2001). Although we do not know the date of the
arraignment, we can assume that the trial date of May 3, 1999, did not violate Hadley's statutory right to a
speedy trial as he was indicted only 117 days prior to the original trial date and that date was extended only
after the trial court granted Hadley's motion for a continuance. See Id. at 377-78 (¶5) (noting the 270-day
rule); see also Miss. Code Ann. §§ 99-17-1 (Rev. 2000) (stating that "[u]nless good cause be shown, and
continuance duly granted by the court, all offenses for which indictments are presented to the court shall be
tried no later than two hundred seventy (270) days after the accused has been arraigned"). Likewise,
Hadley's constitutional claim to a speedy trial would have failed. See Sharp, 786 So. 2d at 380 (¶15)
(listing the requirements for proving constitutional violation of speedy trial, none of which would have
supported Hadley's claim); see also Perry v. State, 419 So. 2d 194, 199 (Miss. 1982) (stating that "if the
defendant caused the delay, he will not be allowed to complain"). Therefore, Hadley cannot demonstrate
that the outcome of the trial would have been different had counsel informed him of his right to a speedy
trial. Without the showing of prejudice, Hadley cannot sustain a claim for ineffective assistance of counsel;
as such, this issue is without merit.
¶9. Hadley next argues that but for counsel's ineffective representation, he would not have pleaded guilty;
therefore, his plea was involuntarily made. Specifically, Hadley contends that neither defense counsel nor the
trial court informed him that he would have to serve his fifteen-year sentence without the benefit of early
release. Accordingly, Hadley asserts that without full knowledge of the maximum punishment, his plea could
not have been voluntarily entered. We first note that this argument is procedurally barred as it is raised for
the first time in this appeal. Rivers v. State, 807 So. 2d 1280, 1281 (¶5) (Miss. Ct. App. 2002).
Nonetheless, procedural bar not excepted, we will address the merits of Hadley's claim.
¶10. The burden of proving that a guilty plea was involuntarily made is on the defendant and must be
proven by a preponderance of the evidence. Stevenson v. State, 798 So. 2d 599, 602(¶7) (Miss. Ct.
App. 2001). "A plea is deemed 'voluntary and intelligent' only where the defendant is advised concerning
the nature of the charge against him and the consequences of the plea." Alexander v. State, 605 So. 2d
1170, 1172 (Miss. 1992). In determining whether the guilty plea was made knowingly and voluntarily, an
examination of the entire record must be conducted. Weatherspoon v. State, 736 So. 2d 419, 421 (¶ 5)
(Miss. Ct. App. 1999).
¶11. Hadley's argument contradicts the statements he made under oath in open court. The trial judge
informed Hadley that by statute he could be sentenced to thirty years' imprisonment and fined not more than
$10,000. Hadley stated that he understood the maximum sentence allowed by statute and that he still
wished to plead guilty. The trial judge then asked Hadley whether he understood that the court was not
bound by any sentencing recommendation made by the State. Again, Hadley answered that he understood;
the trial judge then sentenced Hadley to fifteen years' imprisonment. As the record reflects, Hadley was
informed of the maximum punishment allowed for sexual battery; therefore, his claim is wholly without merit.
¶12. THE JUDGMENT OF THE CIRCUIT COURT OF LEE COUNTY DENYING POSTCONVICTION RELIEF IS AFFIRMED. COSTS OF THIS APPEAL ARE ASSESSED TO LEE
COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE,
IRVING, MYERS AND BRANTLEY, JJ., CONCUR.
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