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Borden v. State

Court of Appeals of Mississippi

October 1, 2013

Barron BORDEN a/k/a Barron Lecour Barden, Appellant
v.
STATE of Mississippi, Appellee.

Rehearing Denied Jan. 21, 2014.

Page 819

[Copyrighted Material Omitted]

Page 820

Barron Borden, appellant, pro se.

Office of the Attorney General by Billy L. Gore, attorney for appellee.

Before GRIFFIS, P.J., BARNES, MAXWELL and JAMES, JJ.

MAXWELL, J.

¶ 1. Barron Borden seeks post-conviction relief (PCR) from his guilty plea to capital murder and Alford plea to third-degree arson. He argues his pleas were not voluntarily made and that he is " legally innocent." After review, we find Borden has not shown any constitutional violations, so he is not " legally innocent" of either offense. We also find he was thoroughly advised of his constitutional rights, the nature of the charge against him, and the consequences of his pleas. Because each plea was knowingly and intelligently made and supported by a factual basis, we reject his claim that his pleas were involuntary.

¶ 2. We further find his previously admitted satisfaction with his lawyer and concession that he had " no defense" to the charges undercuts his recent ineffective-assistance-of-counsel claim. He also waived any potential speedy-trial argument

Page 821

he may have had by entering the two pleas. For these reasons, we affirm the denial of his PCR claim.

FACTS AND PROCEDURAL HISTORY

¶ 3. On October 8, 2008, after a drug deal went bad, Borden and his codefendant, Eddie Pugh,[1] kidnapped Kelsey McCoy and Rahman Mogilles. Borden and Pugh tied the two men up in New Orleans, Louisiana, then drove them to Jackson County, Mississippi, in Mogilles's vehicle. Borden claimed that while en route to Mississippi, a fight broke out between he and Mogilles. The two supposedly wrestled over a gun, which went off, killing McCoy. After the shooting, Borden and Pugh set Mogilles's vehicle on fire.

¶ 4. On May 15, 2009, Borden and Pugh were convicted of a variety of charges relating to these events after a jury trial in the United States District Court for the Southern District of Mississippi.[2] Specifically, Borden and Pugh were found guilty of conspiracy to commit kidnapping; two substantive counts of kidnapping relating to McCoy and Mogilles; felon in possession of a firearm; and possession of a firearm in connection with a crime of violence. [3] Both were sentenced to life imprisonment, plus five additional years.[4]

¶ 5. Pugh then proceeded to trial in Jackson County Circuit Court, where he was convicted of capital murder, aggravated assault, and third-degree arson. He received consecutive sentences of life for capital murder, twenty years for aggravated assault, and three years for third-degree arson.[5]

¶ 6. On January 6, 2011, Borden elected to waive trial on his state charges and enter a plea of guilty to capital murder and an Alford[6] (best interest) plea to third-degree arson in the Jackson County Circuit Court. The judge accepted his pleas and sentenced him to life without parole for capital murder and three years on the arson ...


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