Legal Opinion

Breeden v. State

Court of Appeals of Mississippi

Decided August 28, 2012No. 2011-CP-00437-COAPublished

1Opinion of the Court

MAXWELL, J.,

for the Court:

¶ 1. Virgil Breeden Jr. seeks post-conviction relief (PCR) from two convictions of attempted capital murder. He claims ineffective assistance of counsel rendered his guilty plea involuntary. The circuit court summarily dismissed Breeden’s PCR petition because he did not attach any third-party affidavits, leaving his unsupported allegations insufficient to survive dismissal.

¶ 2. We affirm the circuit court’s judgment. While Breeden is correct that he did not have to attach third-party affidavits for his PCR petition to comply with statutory pleading requirements,…

2Cases cited17 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Hill v. LockhartSupreme Court of the United States · 1985
  3. Santobello v. New YorkSupreme Court of the United States · 1971
  4. Blackledge v. AllisonSupreme Court of the United States · 1977
  5. Missouri v. FryeSupreme Court of the United States · 2012

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