William D. Battaya v. State of Mississippi
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2002-CP-01574-COA
WILLIAM D. BATTAYA
APPELLANT
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:
APPELLEE
8/1/2002
HON. RICHARD D. BOWEN
ALCORN COUNTY CIRCUIT COURT
WILLIAM D. BATTAYA (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: CHARLES W. MARIS
JOHN RICHARD YOUNG
CIVIL - POST CONVICTION RELIEF
MOTION TO VACATE CONVICTION AND
SENTENCE DENIED.
AFFIRMED - 12/16/2003
BEFORE SOUTHWICK, P.J., THOMAS AND GRIFFIS, JJ.
THOMAS, J., FOR THE COURT:
¶1.
In July 2001, William D. Battaya entered guilty pleas to five charges, four for burglary and one for
grand larceny. Battaya filed a petition for post-conviction relief in early 2003, which was denied by the
Circuit Court of Alcorn County. Battaya appeals that decision and presses the same issues as presented
to the circuit court, to wit:
I.
WHETHER THE LOWER COURT ERRED IN DENYING APPELLANT'S POSTCONVICTION RELIEF WHERE HIS ARREST WAS ILLEGAL AND UNLAWFUL, IN
II.
VIOLATION OF HIS FOURTH AMENDMENT AND ARTICLE 3, SECTION 23 OF
MISSISSIPPI CONSTITUTION.
WHETHER THE LOWER COURT [ERRED] IN NOT ADDRESSING APPELLANT'S
INITIAL APPEARANCE HEARING AND HIS PRELIMINARY HEARING
ALLEGATIONS; WHETHER SAID DENIAL OF HEARINGS WAS IN VIOLATION OF
APPELLANT DUE PROCESS AND EQUAL PROTECTION RIGHTS.
III.
WHETHER APPELLANT'S INDICTMENTS IN CAUSE NOS. CR 98-339, CR 98-340,
CR98-341 AND CR98-342 WERE FACIALLY AND FATALLY DEFECTIVE, WHICH
VIOLATED APPELLANT'S FIFTH AMENDMENT AND ARTICLE 3, SECTION 27 OF
MISSISSIPPI CONSTITUTION.
IV.
WHETHER APPELLANT WAS DENIED HIS RIGHT TO A FAST AND SPEEDY TRIAL,
WHICH VIOLATED HIS SIXTH AMENDMENT TO THE UNITED STATES
CONSTITUTION AND ARTICLE 3, SECTION 26 OF MISSISSIPPI CONSTITUTION.
V.
WHETHER APPELLANT'S CONVICTION AND SENTENCE IN CAUSE NUMBER CR99-133 WERE ILLEGAL AND UNLAWFUL, WHICH VIOLATED HIS FIFTH, EIGHTH
AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND
MISSISSIPPI CONSTITUTION, ARTICLE 3, SECTION 27.
VI.
WHETHER APPELLANT WAS DENIED HIS CONSTITUTIONAL RIGHT TO THE
EFFECTIVE ASSISTANCE OF COUNSEL, WHICH IN FACT, VIOLATED HIS SIXTH
AMENDMENT TO THE UNITED STATES CONSTITUTION AND MISSISSIPPI
CONSTITUTION, ARTICLE 3, SECTION 23.
¶2.
All claims but that of ineffective assistance of counsel are barred from review through various
mechanisms. However, for the sake of thoroughness each will be addressed briefly below.
1. Illegal arrest
¶3.
Battaya claims his initial arrest was illegal for lack of a warrant or probable cause. We do not have
the details of that arrest in the record other than Battaya's bald assertion that it was illegal, and we could
make no determination upon its validity even were it properly before us for such a decision.
¶4.
A statute provides that failure of a prisoner to raise objections, defenses, claims, questions, issues
or errors either in fact or law which were capable of determination at trial whether based upon the laws and
constitution of the State of Mississippi or the United States shall constitute a waiver thereof and shall be
2
procedurally barred. Miss. Code Ann. § 99-39-21(1) (Rev. 2000). The court may elect to suspend this
waiver upon a showing of cause and actual prejudice. Id. The failure of a warrant or lack of probable
cause to support a warrant would have been a defense within the contemplation of this statute. Battaya
had the opportunity to press this defense prior to entering his plea but he did not, nor does he offer any
cause why the waiver should be suspended.
¶5.
From a constitutional rather than statutory perspective, the issue is still waived by the entry of a
guilty plea. A valid plea waives the defendant's right to make certain constitutional challenges, including
those under the Fourth Amendment. King v. State, 738 So. 2d 240, 241 (¶¶ 4-5) (Miss. 1999). As the
United States Supreme Court explained,
[A] guilty plea represents a break in the chain of events which has preceded it in the
criminal process. When a criminal defendant has solemnly admitted in open court that he
is in fact guilty of the offense with which he is charged, he many not thereafter raise
independent claims relating to the deprivation of his constitutional rights that occurred prior
to the entry of the guilty plea.
Tollett v. Henderson, 411 U.S. 258, 267 (1973).
¶6.
This point of error is denied.
2. Preliminary hearing and initial appearance
¶7.
Battaya argues he was denied an initial appearance or preliminary hearing for a determination of
the probable cause underlying his arrest. He states he was forced to spend six days in jail before being
released on bail which violated his Fourteenth Amendment rights to due process and equal protection under
the law as well as Mississippi Uniform Circuit and County Court Rules 6.03 and 6.04. These rules require
that a criminal defendant make an initial appearance within forty-eight hours of arrest before a judicial
officer or other authorized person for a determination of probable cause when an arrest is made without
a warrant
3
¶8.
Any claim of violation of his constitutional rights under this heading are barred for the same reason
the claim of a Fourth Amendment violation as discussed above. Battaya waived those rights. However,
we also direct Battaya's attention to Uniform Rule of Circuit and County Court Practice 6.05 which
provides that an initial appearance and preliminary hearing are waived where the defendant is released on
bond, as he was.
3. Defective indictments
¶9.
Next, Battaya contends the indictments for his four burglary charges were defective in a variety of
ways, including failure to cite the applicable criminal statute, failure to contain a recitation of the factual
allegations underlying the charge, failure to attach an affidavit of the grand jury foreman, and failure to
contain "a stamped 'filed' certified 'seal' of Alcorn County Circuit clerk." He alleges there never was an
indictment for the grand larceny charge and believes the existing indictments were manufactured by the
State because the sentencing order and transcript state "defendant being before this court of a charge of
burglary and larceny on indictment against him and there is no single crime of 'burglary and larceny,' but
rather these are two separate charges."
¶10.
Whatever verbal shorthand may have been used on the sentencing order, each burglary was
certified by the circuit clerk's office, signed by the grand jury foreman, contained the factual basis of each
charge as well as the legal elements of the crime. They do not contain the statute number under which
Battaya was indicted. This, however, is a technical, non-jurisdictional flaw which Battaya waived with his
guilty plea. Brooks v. State, 573 So. 2d. 1350, 1354 (Miss. 1990). The purpose of an indictment is to
adequately advise a defendant of the charges against him so as to allow him the opportunity to prepare an
effective defense. Moses v. State, 795 So. 2d 569, 572 (¶ 13) (Miss. Ct. App. 2001). Here, the lack
4
of a statute reference did nothing to frustrate that purpose. That the indictment did not state "in violation of
Mississippi Code Section 97-17-23" in no way hindered his understanding of the charges against him.
¶11.
As to the grand larceny charge, no indictment was returned on that charge. It was a separate
offense with which Battaya was charged after the burglary indictments were returned and the grand jury
had apparently not yet reconvened. The record contains a written waiver of indictment on this charge
signed by Battaya and the transcript of the plea hearing shows Battaya was twice informed by the court
that no indictment had yet been returned on the charge and he had the right to wait for one before
proceeding. On both occasions, Battaya waived that right. There is no error.
4. Speedy trial
¶12.
Battaya fourth argues his right to a speedy trial was violated by the State's failure to bring him to
trial for 334 days. He argues his guilty plea did not waive this right because the violation occurred prior
to the date the plea was entered.
¶13.
As noted above, a guilty plea waives several constitutional rights. That includes the right to a
speedy trial, whether based upon constitutional or statutory authority. Anderson v. State, 577 So. 2d 390,
392 (Miss. 1991). This claim is without merit.
5. Illegal sentence
¶14.
Next, Battaya claims the sentence imposed upon him for grand larceny was illegal because the court
lacked jurisdiction as an indictment was never returned on that charge and he did not waive the indictment.
¶15.
As discussed above, Battaya waived the indictment on the grand larceny charge both in writing and
in court. The court had valid jurisdiction and this claim also is also groundless.
6. Ineffective assistance of counsel
5
¶16.
Within this final assignment of error, Battaya alleges his counsel was ineffective in several ways,
including failure to request and file complete discovery; failure to inform him his arrest was illegal; failure
to inform of the right to a preliminary hearing and initial appearance; failure to investigate and inform of
defective indictments and file motion to quash; failure to inform of right to speedy trial and to file for a
dismissal; failure to meet with defendant more than once and provide meaningful communication; and failure
to inform the court the grand larceny charge had not been presented to a grand jury or obtain a valid waiver
of indictment.
¶17.
All but two of these claims are discussed above and will not be addressed again. The claim that
counsel failed to request and file complete discovery is belied by the record or unsupported by Battaya.
The record includes copies of counsel's request for discovery from the prosecution. Battaya does not
include any description of evidence that counsel should have supplied the State or in what manner his
defense suffered as a result. In order to substantiate a claim of ineffective assistance of counsel, Battaya
must show both deficient performance by counsel and prejudice to the defendant due to counsel's
deficiencies. Strickland v. Washington, 466 U.S. 668, 687 (1984). Battaya does not present any
evidence or even argue his defense was prejudiced in any fashion other than a bald assertion that it was.
¶18.
Nor does Battaya explain how he was prejudiced by a limited number of meetings with counsel.
One may have been sufficient to meaningfully communicate to Battaya the case against him and his options.
What further meetings would have accomplished Battaya does not explain.
¶19. THE JUDGMENT OF THE ALCORN COUNTY CIRCUIT COURT DENYING POSTCONVICTION RELIEF IS AFFIRMED. COSTS OF THIS APPEAL ARE ASSESSED TO
ALCORN COUNTY.
6
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, IRVING,
MYERS, CHANDLER AND GRIFFIS, JJ., CONCUR.
7
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.