Steven Marshall Young v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2002-CP-01941-COA
STEVEN MARSHALL YOUNG
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
8/26/2002
HON. BOBBY BURT DELAUGHTER
HINDS COUNTY CIRCUIT COURT
STEVEN MARSHALL YOUNG (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: JOHN R. HENRY
ELEANOR JOHNSON PETERSON
CIVIL - POST-CONVICTION RELIEF
POST-CONVICTION RELIEF DENIED
AFFIRMED - 07/13/2004
BEFORE SOUTHWICK, P.J., MYERS AND CHANDLER, JJ.
SOUTHWICK, P.J., FOR THE COURT:
¶1.
Steven Marshall Young pled guilty to manslaughter. His motion for post-conviction relief was
denied by the Hinds County Circuit Court. Young appeals, but we find no error and affirm.
FACTS
¶2.
In March 2000, Young pled guilty to manslaughter. He was sentenced to a term of twenty years
in the custody of the Mississippi Department of Corrections with eight years suspended.
¶3.
On June 17, 2002, Young filed a motion for post-conviction relief. He claimed that his conviction
and sentence should be vacated because he had received ineffective assistance of counsel and had been
coerced by police into giving a confession.
¶4.
On August 26, 2002, the circuit court denied relief without an evidentiary hearing. The circuit court
stated that after reviewing the relevant documents relating to the judgment "it plainly appears from the face
of the motion, in the present case that the Petitioner, after careful deliberation is not entitled to the relief
requested and the petition should be denied."
¶5.
On October 22, 2002, Young filed an appeal of the circuit court's August 2002 order. He claimed
that he had never received a formal order of dismissal from the circuit court. He further stated that he
received "a plain sheet of typing paper stating no Judge's name or reason for dismissal" after he made an
inquiry with the court. In response to Young's appeal, the State moved to dismiss it because Young had
not complied with Rule 4 of the Mississippi Rules of Appellate Procedure. The Supreme Court denied the
State's motion. Young's appeal is now before this Court.
DISCUSSION
1. Confession
¶6.
Young claims that his confession was coerced. He claims that the police coerced him into making
a confession by threatening him with a long prison term if he did not make incriminating statements against
himself; by refusing his request for an attorney on three occasions; by denying him a hearing before a judge
who would have advised him that he had a right to remain silent and a right to counsel; by holding him
without any contact with counsel, advisor, family, and friends; and by not allowing him to make a telephone
call before questioning. Within this category, Young also claims that his speedy trial rights were violated
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because he was held one year and four months before he pled guilty in hopes of getting relief from
confinement.
¶7.
A voluntary guilty plea waives the defendant's right to make the kinds of challenges that he now
raises, including constitutional ones. King v. State, 738 So. 2d 240, 241 (Miss. 1999). A guilty plea
creates a break in the chain of events which has preceded it in the criminal process. Battaya v. State, 861
So. 2d 364, 366 (Miss. Ct. App. 2003) (citing Tollett v. Henderson, 411 U.S. 258, 267 (1973)). Young
had the opportunity to raise these issues prior to entering his guilty plea. We can provide no relief for these
issues raised for the first time in this appeal.
2. Ineffective Assistance of Counsel
¶8.
Young claims that he received ineffective assistance of counsel. Among the complaints are that
counsel made no investigation, did not file certain motions, and encouraged him to plead guilty. To prove
a claim of ineffective assistance of counsel, Young must show (1) a deficiency of his counsel's performance
that was (2) sufficient to constitute prejudice to his defense. Strickland v. Washington, 466 U.S. 668,
687-96 (1984). There is a wide area of reasonable professional assistance and it is presumed that conduct
of counsel was adequate. Moore v. State, 676 So. 2d 244, 246 (Miss. 1996).
¶9.
Motions for post-conviction relief should contain affidavits that swear to the facts necessary for
relief or assert how the claims will be proven. Miss. Code Ann.§ 99-39-9(1)(d)(e) (Supp. 2003). Young
provided no evidence to support his claim of ineffective counsel.
¶10.
We have no indication in the record of what occurred at the plea hearing. The order of the circuit
court on post-conviction relief states that the relevant documents relating to the judgment were reviewed.
A judge may dismiss "if it plainly appears from the face of the motion, any annexed exhibits and the prior
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proceedings in the case that the movant is not entitled to any relief . . . ." Miss. Code Ann. § 99-39-11 (2)
(Rev. 2000).
¶11.
We find nothing in the record to support Young's allegations or to require that the circuit judge
provide an evidentiary hearing. Accordingly, we affirm.
¶12. THE JUDGMENT OF THE HINDS COUNTY CIRCUIT COURT DENYING POSTCONVICTION RELIEF IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED
TO HINDS COUNTY.
KING, C.J., BRIDGES P.J., LEE, IRVING, MYERS, CHANDLER AND GRIFFIS, JJ.,
CONCUR.
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