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Kincaid v. State

April 30, 1998

I.C. KINCAID
v.
STATE OF MISSISSIPPI



DATE OF JUDGMENT: 11/23/93 TRIAL JUDGE: HON. JOHN B. TONEY COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT

EN Banc.

The opinion of the court was delivered by: Smith, Justice, For The Court:

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

MOTION FOR REHEARING FILED: 6/20/97

MANDATE ISSUED:

¶1. Motion for rehearing denied. The original opinion is withdrawn and this opinion is substituted therefor.

¶2. I.C. Kincaid was indicted for capital murder and on November 3, 1986, pled guilty to murder and armed robbery in the Circuit Court of Madison County. Kincaid and the State of Mississippi entered into a contract wherein the State agreed not to prosecute Kincaid for capital murder or seek the death penalty in return for which Kincaid agreed not to seek or accept parole or any release from prison for the remainder of his natural life. Kincaid, therefore, received a life sentence for the crime of murder followed by a consecutive forty year sentence for armed robbery.

¶3. Kincaid now appeals to this Court from the denial of his Motion to Vacate Conviction and Sentence by the Circuit Court of Madison County. Kincaid argues that the contract entered into between himself and the State was void as against public policy and thus his guilty plea is involuntary. Kincaid's claims, however, are barred by the three-year statute of limitations contained within Miss. Code Ann. § 99-39-5(2). Kincaid has failed to demonstrate that his claims fall within one of the recognized exceptions to the statute of limitations. We, therefore, affirm the trial court. STATEMENT OF FACTS

¶4. I.C. Kincaid was indicted for the crime of capital murder while in the commission of armed robbery. Following negotiations with the State, Kincaid agreed to plead guilty to the crimes of murder and armed robbery in order to avoid the possibility of the death penalty. As part of the plea bargain, Kincaid entered into a contract wherein he agreed to plead guilty to the crimes of murder (less than capital) and armed robbery for which he would receive consecutive sentences of life imprisonment and forty years. Kincaid agreed not to apply or accept parole, pardon, or suspension of his sentences, but rather agreed to be incarcerated for the remainder of his natural life.

¶5. On November 3, 1986, Kincaid entered his guilty pleas before the Honorable R.L. Goza in the Circuit Court of Madison County. Parties in attendance at the hearing included Honorable Orbie Craft, District Attorney, and attorneys for Kincaid, Jack Young, Jr. and Dennis Sweet, III. Also present at the hearing were Dr. Timothy Summers, psychiatrist, and Dr. Charlton Stanley, psychologist, both of whom evaluated Kincaid prior to the hearing. Drs. Summers and Stanley testified about Kincaid's mental state and competence at the time of the crime and at the guilty plea hearing. Each doctor testified that Kincaid knew right from wrong under the M'Naughton Rule; understood the nature of his guilty plea; and was competent to enter the guilty plea. After finding that the guilty pleas were voluntarily and intelligently entered and that a factual basis for the pleas did exist, the trial court accepted Kincaid's guilty plea.

¶6. On August 27, 1992, Kincaid filed a Motion to Vacate Conviction and Sentence alleging inter alia, that his guilty pleas were involuntary and that he received ineffective assistance of counsel. Kincaid filed a Supplemental Motion to Vacate Conviction and Sentence and later filed an Amendment to Supplemental Motion to Vacate Conviction and Sentence. Kincaid presented his petition to the trial court on April 2, 1993, and on November 23, 1993, Judge John B. Toney overruled Kincaid's motion and dismissed the application for post-conviction collateral relief as untimely. Kincaid thereafter appealed to this Court. DISCUSSION OF LAW

I.

¶7. We find that Kincaid's motion is time barred in accordance with Miss. Code Ann. § 99-39-5(2)(1994). Alternatively, the bar notwithstanding, considering each issue on the merits, we find none. Accordingly, we affirm.

¶8. Kincaid argues that his motion for post-conviction relief is not barred by the statute of limitations contained within Miss. Code Ann. § 99-39-5(2)(1994) or any other procedural bar because his case involves plain ...


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