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.

Williams v. Lee

United States District Court, S.D. Mississippi, Northern Division

June 27, 2018

TERRELL U. WILLIAMS PETITIONER
v.
EARNEST LEE RESPONDENT

          OPINION AND ORDER

          HENRY T. WINGATE, UNITED STATES DISTRICT COURT JUDGE

         Before this Court is the Report and Recommendation of the United States Magistrate Judge [Docket No. 1');">16] filed on November 8, 201');">17');">7 by United States Magistrate Judge Linda R. Anderson. In this Report and Recommendation, Magistrate Judge Anderson recommends that the Petitioner's Title 28 U.S.C. §2254[1');">1" name="FN1');">1" id= "FN1');">1">1');">1] habeas corpus petition [Docket No. 1');">1], filed on August 3, 201');">15, should be dismissed with prejudice. Petitioner Terrell U. Williams (“Williams”) timely filed his Objection to the Report and Recommendation [Docket No. 1');">17');">7], although the objection provided no legal or factual basis to overcome Judge Anderson's findings. For the reasons stated herein, this Court agrees with Judge Anderson's findings, and adopts the Report and Recommendation that Petitioner's §2254 habeas corpus petition be dismissed with prejudice.

         FACTS AND PROCEDURAL HISTORY

         Williams pled guilty to the statutory rape of his fifteen-year-old stepdaughter on March 29, 201');">12 before Judge Tomie T. Green in the Circuit Court of the First Judicial District of Hinds County, Mississippi. [Docket No. 8, Exhibit 1');">1]. The indictment of the Grand Jury impaneled in Hinds County, Mississippi charged Williams as follows:

[O]n[, ] about[, ] and between the 1');">1st day of August 2009 and the 1');">1st day of August 201');">10, in the county aforesaid and within the jurisdiction of this Court, the said defendant being a male human being above the age of seventeen (1');">17');">7) years, whose date of birth is July 29, 1');">197');">72, did willfully, unlawfully, and feloniously have sexual intercourse with, E.G., a fifteen year old female child whose date of birth is July 24, 1');">1994, at a time when said Terrell Williams was more than thirty-six (36) months older than E.G., and was not E.G.'s legal spouse, all occurring within the jurisdiction of this court and in violation of Section 97');">7-3-65(1');">1)(a), Mississippi Code Annotated (1');">197');">72, as amended).

[Docket No. 9, Exhibit 7');">7, p. 7');">74]. The transcript of the guilty plea colloquy between the court and Williams provides that Williams admitted to committing the allegations within Hinds County, Mississippi:

Q: (By the court) Mr. Williams, we've heard the allegations coming from the State with reference to your conduct. Did you commit those acts?
A: Yes, ma'am, I did.
Q: And you had sex with a person under the age of 1');">16?
A: Yes, ma'am, I did.
Q: How old was she?
A: She was 1');">15, Your Honor.
Q: And did she get pregnant by you?
A: Yes, ma'am, she did.
Q: And you had sex with her here in Hinds County?
A: Yes, ma'am.

[Docket No. 8, Exhibit 1');">1, p. 7');">7]. Williams was sentenced to serve thirty (30) years imprisonment in the custody of the Mississippi Department of Corrections, with twenty (20) years suspended and ten (1');">10) to serve, followed by five (5) years of supervised probation. Id., p. 1');">15.

         Williams, proceeding pro se, filed a Motion for Post-Conviction Relief on April 2, 201');">12 in the Circuit Court of the First Judicial District of Hinds County, Mississippi, challenging the indictment and his plea of guilty. [Docket No. 9, Exhibit 1');">1, pp. 7');">7-40]. The Circuit Court denied the motion on January 28, 201');">13, finding that Williams had “voluntarily and knowingly pled guilty to charges of statutory rape on March 29, 201');">12, thereby waiving any claims of indictment or jurisdictional deficiencies.” Id., p. 1');">135.

A. Whether the trial court had venue jurisdiction to charge appellant under Count 1');">1 against him for one (1');">1) ...

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.