Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Matney v. State

Court of Appeals of Mississippi

January 30, 2018

THOMAS MATNEY A/K/A THOMAS PAUL MATNEY A/K/A TOM PAUL MATNEY APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 12/13/2016

         RANKIN COUNTY CIRCUIT COURT THOMAS MATNEY (PRO SE) HON. JOHN HUEY EMFINGER

          ATTORNEY FOR APPELLANT: THOMAS MATNEY (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: KATY T. GERBER

          BEFORE GRIFFIS, P.J., BARNES AND FAIR, JJ.

          GRIFFIS, P.J.

         ¶1. Thomas Matney appeals the "deni[al] and dismiss[al]" of his motion for post- conviction collateral relief (PCCR). We find no error and affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. Matney entered a plea of guilty to two counts of burglary of a dwelling house. Matney was subsequently sentenced to serve twenty-five years in Count I, and twenty-five years in Count II, with said sentences to run consecutively, provided that when he has served fifteen years in Count II, he shall be released and placed on five years of post-release supervision. Matney was ordered to pay restitution in the amount of $200, courts costs in the amount of $421.50, and a fine of $1, 000.

         ¶3. Matney filed a PCCR motion, and later filed a supplement to his motion. The motion was subsequently "denied and dismissed" by the circuit court. Matney now appeals and argues he received ineffective assistance of counsel.

         STANDARD OF REVIEW

         ¶4. We review a circuit court's denial or dismissal of a PCCR motion for abuse of discretion. Wallace v. State, 180 So.3d 767, 769 (¶7) (Miss. Ct. App. 2015). However, questions of law are reviewed de novo. Id.

         ANALYSIS

         ¶5. To prove ineffective assistance of counsel, Matney must show: (1) his counsel's performance was deficient, and (2) the deficient performance prejudiced his defense. Strickland v. Washington, 466 U.S. 668, 687 (1984). There is "a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance." Id. at 689. To overcome this presumption, Matney "must show that there is a reasonable probability that, but ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.