OF JUDGMENT: 01/11/2016
COUNTY CIRCUIT COURT HON. LAMAR PICKARD COURT TRIAL JUDGE
ATTORNEY FOR APPELLANT: TRAVIS SHANKS (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY
GRIFFIS, P.J., CARLTON AND GREENLEE, JJ.
l. On March 24, 2003, Travis Shanks pled guilty to
deliberate-design murder following a plea hearing before the
Claiborne County Circuit Court. Shanks filed his current
motion for postconviction relief (PCR) on September 11,
2015. The trial court dismissed Shanks's PCR
motion in a January 11, 2016 order, finding that the face of
the motion and the prior proceedings clearly showed that
Shanks was not entitled to any collateral relief. Aggrieved,
Shanks timely appeals.
2. On appeal, Shanks argues: (1) his motion is not
procedurally barred because he raises errors affecting his
fundamental rights; (2) the trial court denied him due
process by failing to inform him of the elements of the crime
charged against him; (3) he did not enter his guilty plea
knowingly, intelligently, and voluntarily; (4) he received
ineffective assistance of counsel; (5) the trial court failed
to establish a factual basis for his guilty plea or inform
him of the elements of the crime charged; (6) the trial court
failed to conduct a competency hearing; and (7) he received
an illegal sentence.
3. Because we find that Shanks's motion is both
successive-writ barred and time-barred, we affirm the trial
court's dismissal of his PCR motion.
4. A grand jury indicted Shanks on January 9, 2003, for
capital murder under Mississippi Code Annotated section
97-3-19(2)(e) (Rev. 2000). The indictment charged:
[Shanks] did wilfully, unlawfully, feloniously, without the
authority of law, and with or without design to effect death,
kill and murder one David Small[s], a human being, at a time
when he, [Shanks, ] was then and there engaged in the
commission of the crime of robbery of the said [Smalls].
5. By his March 24, 2003 petition, in a negotiated plea
agreement, Shanks pled guilty to deliberate-design murder in
order to receive the district attorney's recommendation
of a sentence of life imprisonment. As proof of the elements
of his charged offense, and to satisfy the factual basis of
his plea, Shanks submitted under oath in his guilty-plea
petition that the following facts were true: "I killed
David Smalls by shooting him [five] times outside the liquor
store in Claiborne County . . . ."
6. In addition to Shanks's guilty-plea petition,
Shanks's attorney, Bill Barnett, certified that he
discussed the contents of the petition with Shanks, he was
satisfied Shanks fully understood the petition and executed
it knowingly and ...