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Daughtery v. State

847 So. 2d 284 (Miss. Ct. App. 2003)
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Daughtery v. State

12 Citing cases

  1. Barnes v. State

    51 So. 3d 986 (Miss. Ct. App. 2011)   Cited 5 times

    Specifically, a defendant waives the right to a jury trial, right to confront his accusers, and the right against compelled self-incrimination." Daughtery v. State, 847 So.2d 284, 287 (¶ 5) (Miss.Ct.App. 2003) (citation omitted). It is the trial court's responsibility to ensure that the plea is voluntary by determining whether the defendant understands the meaning and consequences of the plea.

  2. Mayhan v. State

    26 So. 3d 1072 (Miss. Ct. App. 2010)   Cited 25 times
    Recognizing that "whether [the defendant] pled guilty to avoid a harsher sentence does not render his plea involuntary"

    This Court has held that "[c]ounsel has `a duty to fairly . . . inform the client of the likely outcome of a trial based upon the facts of the case.'" Robinson v. State, 964 So.2d 609, 612(8) (Miss.Ct.App. 2007) (quoting Daughtery v. State, 847 So.2d 284, 287(6) (Miss.Ct.App. 2003)). In this case, Mayhan was charged with four counts of fondling a child.

  3. Whatley v. Lee

    CASE NO.: 3:14-cv-21-TSL-JCG (S.D. Miss. Nov. 4, 2015)

    There is no evidence Whatley was coerced by Stanfield and Poole into pleading guilty. "Counsel has 'a duty to fairly, even if that means pessimistically, inform the client of the likely outcome of a trial based upon the facts of the case.'" Robinson v. State, 964 So. 2d 609, 612 (Miss.Ct.App.2007) (quoting Daughtery v. State, 847 So. 2d 284, 287 (Miss.Ct.App.2003)). If the attorney believes that it is in his client's best interest to plead guilty, it is his duty to inform him of that fact. Id. Whatley's lawyers did just that.

  4. Williams v. State

    328 So. 3d 222 (Miss. Ct. App. 2021)   Cited 3 times

    Counsel has "a duty to fairly, even if that means pessimistically, inform the client of the likely outcome of a trial based upon the facts of the case." Daughtery v. State , 847 So. 2d 284, 287 (¶6) (Miss. Ct. App. 2003). If the attorney believes that it is in his client's best interest to plead guilty, it is his duty to inform him of that fact.

  5. Whatley v. State

    123 So. 3d 461 (Miss. Ct. App. 2013)   Cited 11 times
    Applying Rule 2(c) to excuse possible late filing where stamp-filed notice of appeal was five days late but contemporaneously filed documents were dated within the deadline

    There is no evidence Whatley was coerced by Stanfield and Poole into pleading guilty. “Counsel has ‘a duty to fairly, even if that means pessimistically, inform the client of the likely outcome of a trial based upon the facts of the case.’ ” Robinson v. State, 964 So.2d 609, 612 (¶ 8) (Miss.Ct.App.2007) (quoting Daughtery v. State, 847 So.2d 284, 287 (¶ 6) (Miss.Ct.App.2003)). If the attorney believes that it is in his client's best interest to plead guilty, it is his duty to inform him of that fact. Id. Whatley's lawyers did just that.

  6. Whatley v. State

    NO. 2011-CP-01548-COA (Miss. Ct. App. Jan. 22, 2013)

    There is no evidence Whatley was coerced by Stanfield and Poole into pleading guilty. "Counsel has 'a duty to fairly, even if that means pessimistically, inform the client of the likely outcome of a trial based upon the facts of the case.'" Robinson v. State, 964 So. 2d 609, 612 (¶8) (Miss. Ct. App. 2007) (quoting Daughtery v. State, 847 So. 2d 284, 287 (¶6) (Miss. Ct. App. 2003)). If the attorney believes that it is in his client's best interest to plead guilty, it is his duty to inform him of that fact.

  7. Johnson v. State

    987 So. 2d 501 (Miss. Ct. App. 2008)   Cited 7 times

    Johnson's counsel was merely fulfilling his "duty to fairly, even if that means pessimistically, inform the client of the likely outcome of a trial based upon the facts of the case." Middlebrook, 964 So.2d at 640 (¶ 9) (quoting Daughtery v. State, 847 So.2d 284, 287 (¶ 6) (Miss.Ct.App. 2003)). Johnson fails to show any deficiency on the part of his counsel as to this allegation of error.

  8. Cougle v. State

    966 So. 2d 827 (Miss. Ct. App. 2007)   Cited 6 times

    Cougle's attorney has "a duty to fairly, even if that means pessimistically, inform the client of the likely outcome of a trial based upon the facts of the case." Daughtery v. State, 847 So.2d 284, 287 (¶ 6) (Miss.Ct.App. 2003). If the attorney believes that it is in his client's best interest to plead guilty, it is his duty to inform him of that fact. Id. (citing Polk County v. Dodson, 454 U.S. 312, 318, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981)).

  9. Middlebrook v. State

    964 So. 2d 638 (Miss. Ct. App. 2007)   Cited 5 times   1 Legal Analyses

    Counsel has "a duty to fairly, even if that means pessimistically, inform the client of the likely outcome of a trial based upon the facts of the case." Daughtery v. State, 847 So.2d 284, 287 (¶ 6) (Miss.Ct.App. 2003). If the attorney believes that it is in his client's best interest to plead guilty, it is his duty to inform him of that fact. Id. (citing Polk County v. Dodson, 454 U.S. 312, 318, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981)).

  10. Robinson v. State

    964 So. 2d 609 (Miss. Ct. App. 2007)   Cited 25 times

    Counsel has "a duty to fairly, even if that means pessimistically, inform the client of the likely outcome of a trial based upon the facts of the case." Daughtery v. State, 847 So.2d 284, 287 (¶ 6) (Miss.Ct.App. 2003). If the attorney believes that it is in his client's best interest to plead guilty, it is his duty to inform him of that fact. Id. (citing Polk County v. Dodson, 454 U.S. 312, 318, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981)).