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Bardney v. State

Court of Appeals of Mississippi

September 12, 2017

LARRY BARDNEY APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 04/01/2016

         COURT 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

          BEFORE LEE, C.J., BARNES AND CARLTON, JJ.

          BARNES, J.

         ¶1. 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.

         ¶2. 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.

         ¶3. 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 published opinion).

         ¶4. 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."

         ¶5. On appeal, we find Bardney's PCR motion is procedurally barred, and we affirm the court's judgment.

         STANDARD OF REVIEW

         ¶6. 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 (ΒΆ6) (Miss. Ct. App. 2013)). "When reviewing ...


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