Galloway v. State, NO. 2018-CA-01427-SCT

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtBEAM, JUSTICE, FOR THE COURT
Citation298 So.3d 966
Parties Leslie GALLOWAY, III a/k/a Leslie Galloway a/k/a Leslie "BO" Galloway, III v. STATE of Mississippi
Decision Date07 May 2020
Docket NumberNO. 2018-CA-01427-SCT

298 So.3d 966

Leslie GALLOWAY, III a/k/a Leslie Galloway a/k/a Leslie "BO" Galloway, III
v.
STATE of Mississippi

NO. 2018-CA-01427-SCT

Supreme Court of Mississippi.

May 7, 2020
Rehearing Denied August 13, 2020


ATTORNEYS FOR APPELLANT: ANNA MARIE ARCENEAUX, THOMAS M. FORTNER, Jackson, OLIVIA ENSIGN, BRIAN W. STULL

ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: CAMERON LEIGH BENTON, Jackson, ASHLEY LAUREN SULSER, MATTHEW WYATT WALTON

EN BANC.

BEAM, JUSTICE, FOR THE COURT:

¶1. Leslie Galloway appeals from the Jackson County Circuit Court's denial of his 2015 petition for post-conviction relief (PCR) pertaining to his 2007 guilty plea to carjacking, a conviction that was used as an aggravating circumstance in Galloway's 2010 capital-murder trial at which Galloway received a death sentence.

¶2. Galloway claimed in the petition that his defense counsel Wendy Martin had an actual conflict of interest because, before becoming his defense counsel, Martin had served as an assistant district attorney in the same case, unbeknownst to Galloway. Galloway asserted that this deprived him of due process and effective assistance of counsel, requiring automatic reversal of his carjacking conviction. Galloway further asserted that, if the court found that Martin's representation created only a potential conflict of interest, reversal is still required because he was prejudiced by Martin's failing to conduct a reasonable investigation before advising him to plead guilty.

¶3. The trial court ruled that Galloway's PCR claim was time barred under Mississippi's Uniform Post-Conviction Collateral Relief Act (UPCCRA), having been filed more than seven years after Galloway's conviction for carjacking. The trial court alternatively found no merit to Galloway's PCR claim, time bar notwithstanding. Accordingly, the trial court denied Galloway's PCR petition.

¶4. We agree with the trial court that Galloway's PCR claim is time barred under the UPCCRA. See Miss. Code Ann. § 99-39-5(2) (Rev. 2015) ("A motion for relief under the this article shall be made ... within three (3) years after entry of the judgment of conviction" in the case of a guilty plea.).

¶5. We also agree with the trial court that, time bar notwithstanding, there is no merit to Galloway's PCR claim. The trial court found that, at the time Martin represented Galloway as his defense attorney, Martin did not realize that she had previously worked on the same case as an assistant

298 So.3d 969

district attorney. Thus, according to the trial court, no actual conflict existed.

¶6. We affirm.

FACTS AND PROCEDURAL HISTORY

1. Events Before Galloway's 2007 Carjacking Guilty Plea

¶7. Galloway was arrested in July 2001 by Jackson County authorities for a carjacking that had occurred two nights before in Moss Point, Mississippi. Galloway was indicted for the offense in April 2002.1 Galloway failed to appear for his arraignment, and the trial court issued a bench warrant in August 2002 for Galloway's arrest.2

¶8. On September 27, 2002, a waiver of arraignment was entered in Galloway's case, and an agreed trial date was set for November 25, 2002. At the time, assistant district attorney Wendy Martin represented the State in the matter. And Brenda Locke from the Jackson County Public Defender's Office represented Galloway. An agreed order signed by Martin and Locke to set aside the bench warrant was also entered on September 27, 2002.

¶9. On October 4, 2002, Locke filed a motion for discovery and a speedy-trial demand. A notice of trial was filed on December 16, 2002, setting the cause for trial on March 3, 2003.

¶10. On March 3, 2003, an order for continuance was entered at the request of the "defendant/State." The order was signed by Martin and public defender Brice Kerr.3

¶11. In May 2003, at the request of Martin, subpoenas were filed for the following individuals: Monica Simmons, Erica Fairley, Carlton Logan, Anthony Cooley, and William Trussell.

¶12. At a May 13, 2003 docket hearing, Martin informed the trial court that "a plea recommendation has been made, and the State could be ready for a trial, if necessary." Locke, however, informed the trial court that she was unable to "get in touch" with Galloway after having made repeated attempts. Martin then requested a bench warrant for Galloway, which the trial court granted. The case sat idle on the docket from May 2003 until January 2004.

¶13. In January 2004, Anthony N. Lawrence, III, took office as the new district attorney. Martin had run unsuccessfully against Lawrence for the position, and she left the district attorney's office soon after.

¶14. In March 2004, the trial court entered an order passing Galloway's case to the inactive files. Tanya Hasbrouck, the new assistant district attorney assigned to the case, signed the order.

¶15. In October 2006, Hasbrouck informed the trial court that Galloway was in the Pascagoula city jail for an unrelated matter. Galloway was then transported to the Jackson County courthouse, at which time public defender Robert Rudder informed the trial court that he would be representing Galloway. Rudder requested a continuance to the next term of court, which the trial court granted, continuing the case to January 25, 2007.

298 So.3d 970

¶16. On January 25, 2007, Hasbrouck informed the trial court that Galloway had "a couple of unindicted cases," and she requested that the court pass the case to the next court term. Rudder also informed the court at that time that Galloway had "two possession cases out of Pascagoula from early in the Fall" for which Rudder was trying to obtain police reports.

¶17. On February 22, 2007, Martin entered an appearance as defense counsel for Galloway, at which time she filed a request for discovery and a demand for speedy trial. The record does not show who hired Martin to represent Galloway. Martin later testified at the evidentiary hearing on March 22, 2018, that she could not remember who had hired her to represent Galloway; she said, "It was probably a family member or a girlfriend."

¶18. In March 2007, Galloway entered a plea of not guilty to the carjacking charge, and a trial date was set for early May 2007.4 In April 2007, Martin requested a continuance on Galloway's behalf, which the trial court granted.

2. Galloway's 2007 Guilty-Plea Hearing

¶19. On May 17, 2007, represented by Martin, Galloway appeared before the trial court after signing a petition to plead guilty to the crimes of carjacking and possession of a controlled substance.

¶20. During the plea colloquy, Galloway informed the trial court that he was twenty-three years of age, that he had graduated from high school, and that he could read and write. Galloway acknowledged that he had fully discussed the plea petition with Martin and that it was his signature on the plea petition.

¶21. Galloway stated that he had received his indictment and that he understood he was charged with "carjacking and possession of a controlled substance, crack cocaine." Galloway told the trial court that Martin had discussed with him the elements of the crimes the State had to prove. Galloway also said that he knew the maximum and minimum sentences and the fines for each charge.

¶22. Galloway said he understood that by pleading guilty, he was admitting that he was guilty. Galloway stated that no one had threatened him in order to make him plead guilty. And other than plea negotiations with the district attorney's office, Galloway said that no one, including his attorney, had promised him anything for his guilty plea.

¶23. Galloway told the trial court that he was satisfied with Martin's services, that she properly advised him of his best interests, and that he had no complaints about Martin's representation. Galloway further stated that he understood the constitutional rights he would be waiving by pleading guilty.

¶24. When asked by the trial court, "what[,] in your own mind[,] makes you think you're guilty?" Galloway responded, "I had possession of a controlled substance in my pocket, and I took a car by force."

¶25. Afterwards, Hasbrouck submitted to the trial court the following plea recommendation:

8 years in the Mississippi Department of Corrections, on each charge to run concurrent, recommendation for the [Regimented Inmate Discipline] program, retain jurisdiction, 4 years of Post-Release supervision, with a condition that [Galloway] complete the Adult Challenge Program,
298 So.3d 971
$1,000 fine on each case, $250 restitution[,] ... lab fees[,] ... [c]ourt costs, and we're going to ask that he be required to stay away from the victim ....

¶26. The trial court asked Galloway if there was anything he or Martin would like to say regarding any mitigating circumstances before rendering Galloway's sentence. Martin stated the following:

Yes, Your Honor. Mr. Galloway [had] just turned 18 when this carjacking happened. He was in high school. Basically, Your Honor, what happened is they had been drinking a little, they had gotten in the
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3 practice notes
  • Magee v. State, 2020-KA-01378-COA
    • United States
    • Court of Appeals of Mississippi
    • April 5, 2022
    ...involving attorneys in criminal cases are a species of ineffective assistance of counsel under the Sixth Amendment." Galloway v. State, 298 So.3d 966, 974 (¶43) (Miss. 2020) (citing Strickland v. Washington, 466 U.S. 668, 688 (1984) ("Counsel's function is to assist the defendant, and hence......
  • Wiggins v. City of Clinton Miss., NO. 2019-CA-00010-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • May 7, 2020
    ...rejected by this Court in Paulk , in which, after extensive review of precedent, federal cases, and cases from sister jurisdictions, 298 So.3d 966 the Paulk court held that utilizing private enterprise to further the goal of urban renewal and redevelopment is a permissible public use. Paulk......
  • Chandler v. State, 2020-CP-01060-COA
    • United States
    • Court of Appeals of Mississippi
    • August 23, 2022
    ...in this regard. All that the circuit court had before it were the allegations contained in the PCR motion. 9 ¶15. In Galloway v. State, 298 So.3d 966, 974-75 (¶¶43-44) (Miss. 2020), the supreme court explained: Conflict-of-interest claims involving attorneys in criminal cases are a species ......
3 cases
  • Magee v. State, 2020-KA-01378-COA
    • United States
    • Court of Appeals of Mississippi
    • April 5, 2022
    ...involving attorneys in criminal cases are a species of ineffective assistance of counsel under the Sixth Amendment." Galloway v. State, 298 So.3d 966, 974 (¶43) (Miss. 2020) (citing Strickland v. Washington, 466 U.S. 668, 688 (1984) ("Counsel's function is to assist the defendant, and hence......
  • Wiggins v. City of Clinton Miss., NO. 2019-CA-00010-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • May 7, 2020
    ...rejected by this Court in Paulk , in which, after extensive review of precedent, federal cases, and cases from sister jurisdictions, 298 So.3d 966 the Paulk court held that utilizing private enterprise to further the goal of urban renewal and redevelopment is a permissible public use. Paulk......
  • Chandler v. State, 2020-CP-01060-COA
    • United States
    • Court of Appeals of Mississippi
    • August 23, 2022
    ...in this regard. All that the circuit court had before it were the allegations contained in the PCR motion. 9 ¶15. In Galloway v. State, 298 So.3d 966, 974-75 (¶¶43-44) (Miss. 2020), the supreme court explained: Conflict-of-interest claims involving attorneys in criminal cases are a species ......

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