Oral arg. – COA – June 7, 2017 – attacking a guilty plea

At 10:00 the Court of Appeals will hear the case of Gregory Tyler Moore v. State of Mississippi. Twenty-one year old  Moore was charged with multiple counts of automobile
burglary and burglary of a dwelling in Rankin County.  According to Moore, he met with his attorney three times.  Moore was first offered that if he pleaded guilty, the DA would recommend 35 years. Moore did not take it.  He was then offered a recommendation of 60 years if he would plead to  five automobile burglaries and one house burglary.   His attorneys advised him that he would become eligible for parole after serving one-fourth  or twelve and one-half years.  They also told him that  he would be eligible to receive “Trusty Earned Time” or “good time” of thirty days  extra for every thirty days served.  They also told him that he could earn  Meritorious Earned Time by working and taking various classes while incarcerated.  In the end, he could get out in 5 or 6 years.   All of this advice about eligibility to shorten the length of time necessary to become parole eligible through earning Trusty Earned Time and Meritorious Earned Time was  wrong .
Moore pleaded guilty and was sentenced to 50 years.  He then learned he could not get the earned time he had been promised.  He filed two motions for post conviction relief prepared by Robert Tubwell.  Finally, in 2016, he hired a lawyer and filed another motion.  The trial court dismissed it as a successive petition without requiring the State to respond or having a hearing.  Moore appeals.

Moore’s attorney is Tom Fortner. If you practice criminal law, this should be instructive.

Gregory Moore brief

State’s brief in Moore

Gregory Moore reply brief

Watch the argument here.

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