OF JUDGMENT: 04/01/2016
FROM WHICH APPEALED: HUMPHREYS COUNTY CIRCUIT COURT, HON.
JANNIE M. LEWIS JUDGE
ATTORNEY FOR APPELLANT: LARRY BARDNEY (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
ALICIA MARIE AINSWORTH
LEE, C.J., BARNES AND CARLTON, JJ.
On September 24, 1994, Tommie Penn's neighbor heard a
commotion outside. When she peered out, she saw Larry Bardney
chase Penn into his yard, making a stabbing-type motion while
standing over Penn's body. The neighbor then heard
Patricia Young, Penn's girlfriend, scream and witnessed
Bardney chase Young back into the house, where she was later
discovered deceased. Penn managed to run to the
neighbor's house after the altercation, where he fell
onto her floor and died. A witness had seen Bardney with
Young earlier that evening, and several witnesses stated
Bardney had been wearing a shirt that was recovered at the
crime scene. Laboratory testing found blood matching
Penn's blood type on Bardney's underwear.
Bardney was indicted for the murders of Penn and Young, and
he pleaded guilty to both counts of murder on June 19, 1995.
At the plea hearing, the Humphreys County Circuit Court judge
informed Bardney of the constitutional rights he was waiving
by entering a guilty plea. Defense attorneys told the court
that Bardney, who had no prior criminal record, had
consistently maintained his innocence in prior meetings with
them, but Bardney assured the circuit judge at the hearing
that he was entering his guilty plea because he was guilty
and for no other reason. The court sentenced him to serve two
concurrent life sentences in the custody of the Mississippi
Department of Corrections.
Bardney filed a motion for post-conviction relief (PCR) on
January 8, 1996. The circuit court denied the motion, finding
no evidence of coercion to enter a guilty plea, Bardney's
guilty pleas "were knowingly and voluntarily"
entered, and Bardney was advised by the court and his
attorneys regarding the minimum and maximum sentences that
could be imposed. The Mississippi Supreme Court affirmed the
court's decision on November 6, 1997. See Bardney v.
State, 703 So.2d 861 (Miss. 1997) (affirmed without
On July 7, 2015, Bardney filed a second PCR motion,
contending that his indictment was fatally defective. He also
alleged ineffective assistance of counsel for counsel's
failure to move for dismissal based on a violation of his
right to a speedy trial. The circuit court denied the motion
on the merits, finding Bardney had not provided sufficient
evidence to establish his indictment was fatally defective or
"to show that his counsel was ineffective."
On appeal, we find Bardney's PCR motion is procedurally
barred, and we affirm the court's judgment.
A circuit court's denial of a PCR motion will not be
overturned unless the court's decision was "clearly
erroneous." Parish v. State, 203 So.3d 718, 721
(¶6) (Miss. Ct. App. 2016) (citing Chapman v.
State, 135 So.3d 184, 185 (¶6) (Miss. Ct. App.
2013)). "When reviewing ...