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Shanks v. State

Court of Appeals of Mississippi

May 23, 2017

TRAVIS SHANKS A/K/A TRAVIS KEYCON SHANKS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 01/11/2016

         CLAIBORNE COUNTY CIRCUIT COURT HON. LAMAR PICKARD COURT TRIAL JUDGE

          ATTORNEY FOR APPELLANT: TRAVIS SHANKS (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY

          BEFORE GRIFFIS, P.J., CARLTON AND GREENLEE, JJ.

          CARLTON, J.

         ¶ 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.[1] 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.

         FACTS

         ¶ 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 ...


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