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Boyd v. State

Court of Appeals of Mississippi

September 9, 2014

CHRISTOPHER CONWAY BOYD A/K/A CHRISTOPHER C. BOYD A/K/A CHRISTOPHER BOYD, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 03/18/2013.

COURT FROM WHICH APPEALED: TATE COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. SMITH MURPHEY. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION RELIEF DISMISSED.

FOR APPELLANT: JONATHAN W. MARTIN.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LADONNA C. HOLLAND, BARBARA WAKELAND BYRD.

BEFORE LEE, C.J., BARNES AND FAIR, JJ. LEE, C.J., GRIFFIS, P.J., ISHEE, ROBERTS, CARLTON, MAXWELL AND FAIR, JJ., CONCUR. IRVING, P.J., AND JAMES, J., CONCUR IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

Page 915

BARNES, J.

¶ 1. This appeal stems from the Tate County Circuit Court's denial of Christopher Conway Boyd's motion for post-conviction relief (PCR) based on procedural bars. After review, we find that Boyd has not asserted a claim that exempts his motion from procedural bars. Accordingly, we affirm the judgment.

PROCEDURAL HISTORY

¶ 2. Christopher Conway Boyd pleaded guilty on January 20, 1987, to four counts of armed robbery and was sentenced to ten years for each count, with the sentences to run consecutively.[1] At his plea colloquy, the circuit judge asked Boyd if he was aware he was giving up certain constitutional rights by pleading guilty. The specific rights enumerated by the judge were the (1) right to a jury trial, (2) the

Page 916

right to assistance of counsel, (3) the right to appeal, and (4) the right to confront his accusers. Boyd responded in the affirmative. However, the circuit court did not inform Boyd that he was waiving his right against self-incrimination.

¶ 3. Seven years later, on November 14, 1994, Boyd filed a PCR motion, claiming his guilty pleas were involuntarily entered because he had not been informed of the minimum and maximum sentences and his fundamental right against self-incrimination. The circuit court summarily denied the motion as procedurally barred under Mississippi Code Annotated section 99-39-5(2) (Rev. 1994), and the Mississippi Supreme Court (in a three-judge panel decision) affirmed without an opinion. See Boyd v. State, 667 So.2d 1312 (Miss. 1996).

¶ 4. Boyd filed a second PCR motion in 2001, asserting the same issues, but arguing that they were not procedurally barred based on intervening authority in the form of an unpublished opinion, Powell v. State, 691 So.2d 1021 (Miss. 1996) (table) (No. 95-KP-00895-SCT). His motion was again denied by the circuit court, and the supreme court affirmed, finding that under Mississippi Rule of Appellate Procedure 35-A(b), Boyd could not rely on an unpublished ...


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