Magee v. Mississippi
Annotate this CaseKendall Magee pled guilty to second-degree murder and possession of a firearm by a convicted felon. For his conviction of second-degree murder, Magee was sentenced to thirty-five years in the custody of the Mississippi Department of Corrections (MDOC), with ten years suspended and five years’ post-release supervision. For his conviction of possession of a firearm by a convicted felon, Magee was sentenced to ten years in the custody of the MDOC, with ten years suspended and five years’ post-release supervision. The sentences were ordered to run consecutively. In his motion for post-conviction relief, Magee claimed his guilty plea was involuntary because: (1) his attorney was ineffective and misrepresented the consequences of the plea and sentence; (2) his attorney was ineffective and failed to properly investigate his case; and (3) the circuit judge coerced him into pleading guilty. Regarding his misrepresentation claim, Magee asserted his trial counsel “advised [him] to take the plea because he would only serve six to seven years in prison.” According to Magee, after he entered his guilty plea, he learned that he was not eligible for early release and “that his actual time to serve in prison would be 25 years.” The Mississippi Supreme Court concluded Magee was entitled to a second evidentiary hearing about “whether Magee was misinformed as to the consequences of his pleas of guilty and whether those pleas were given in reliance on the alleged misinformation.” The circuit court's judgment was reversed and the matter remanded for further proceedings.
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