On December 13, 2005, Madden filed his first motion for post-conviction collateral relief. The circuit court denied the motion, and this Court affirmed. Madden v. State, 991 So.2d 1231, 1238 (¶ 34) (Miss.Ct.App.2008). The Mississippi Supreme Court then denied certiorari.
We find both arguments without merit, as a valid guilty plea waives all non-jurisdictional rights or defects which are incident to the trial. Madden v. State, 991 So.2d 1231, 1237 (¶ 25) (Miss.Ct.App. 2008). This includes both the right to a speedy trial, id., and the statute of limitations in a criminal case, Edmondson v. State, 17 So.3d 591, 596 (¶ 11) (Miss.Ct.App. 2009).
In keeping with this approach, our courts have found ineffective-assistance claims based on the failure to raise speedy-trial issues waived where the plea was voluntary and intelligent, but they have found such claims not waived to the extent the plea was rendered involuntary by ineffective assistance. Compare Anderson, 577 So.2d at 391-92 (ineffective-assistance claim waived where there is no issue concerning the voluntariness of the guilty plea); Madden v. State, 991 So.2d 1231, 1237 (¶¶ 24-26) (Miss.Ct.App. 2008) (same); Goudy v. State, 996 So.2d 185, 188 (¶ 15) (Miss.Ct.App. 2008) (same); with Roland v. State, 666 So.2d 747, 749-50 (Miss. 1995) (claim not waived to the extent counsel's ineffective assistance renders guilty plea involuntary); Mason v. State, 42 So.3d 629, 633 (¶ 10) (Miss.Ct.App. 2010) (a guilty plea does not waive the right to effective counsel).
This Court affirmed the dismissal. Madden v. State, 991 So.2d 1231 (Miss.Ct.App. 2008). Madden filed a second PCR motion, which the circuit court also dismissed. Finding Madden's claims are procedurally barred, we affirm.
" Beene v. State, 910 So.2d 1152, 1155 (¶ 10) (Miss.Ct.App. 2005) (citing Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)). "[T]here is a strong presumption that counsel's performance falls within the range of reasonable professional assistance [and]. . . . [t]o overcome this presumption, `the defendant must show that there is a reasonable probability that, but for the counsel's unprofessional errors, the result of the proceeding would have been different.'" Madden v. State, 991 So.2d 1231, 1236-37 (¶ 23) (Miss.Ct.App. 2008) (citing Strickland, 466 U.S. at 689, 694, 104 S.Ct. 2052). A. Right to Speedy Trial
The Court of Appeals affirmed the circuit court's judgment on February 19, 2008. Madden v. State, 991 So.2d 1231 (Miss.Ct.App.2008). ¶ 6.
But a defendant claiming ineffective assistance of counsel based on an alleged failure to investigate "must state with particularity what the investigation would have revealed and how it would have altered the outcome." Wash v. State , 218 So. 3d 764, 767 (¶7) (Miss. Ct. App. 2017) (quoting Madden v. State , 991 So. 2d 1231, 1238 (¶31) (Miss. Ct. App. 2008) ). Here, Carruthers fails to show that trial counsel failed to investigate the facts of the case and also fails to show how any additional investigation "would have altered the outcome." Id.
Atkinson v. State , 215 So. 3d 1002, 1005 (¶8) (Miss. Ct. App. 2017) (quoting Madden v. State , 991 So. 2d 1231, 1236 (¶20) (Miss. Ct. App. 2008) ). "The requirement that the State prove the existence of the prior convictions beyond a reasonable doubt is negated by the defendant's decision to enter a guilty plea."
In order to overcome this presumption, Gaulden must show "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceedings would have been different." Id. (quoting Madden v. State , 991 So.2d 1231, 1236–37 (¶ 23) (Miss. Ct. App. 2008) ). "Further, the Mississippi Supreme Court has held that where a PCR movant offers only his own affidavit in support of an ineffective-assistance-of-counsel claim, such evidence is insufficient to meet the pleadings requirements of Mississippi Code Annotated section 99–39–9(1)(e) [ (Rev. 2015) ]." Id. at 941 (¶ 5) (citing Brooks v. State , 573 So.2d 1350, 1354 (Miss.
However, for claims of failure to investigate, "the defendant must state with particularity what the investigation would have revealed and how it would have altered the outcome." Madden v. State , 991 So.2d 1231, 1238 (¶ 31) (Miss. Ct. App. 2008) (citation omitted). Wash vaguely comments about a plausible defense related to a warrant in Shelby County, but he fails to explain how the warrant relates to his defense, or how it would alter his case's outcome.