Oral arg. – COA – 5/16/2018

At 10:00, the COA will hear the case of  Barry D. Ware v. State of Mississippi.

Ware was charged with first degree murder in Attala County in 2012. He pleaded guilty in 2013. He later filed a pcr motion alleging that his plea was involuntary  because his trial counsel erroneously advised him that he would be eligible for both parole and trusty earned time if he pleaded guilty to second degree murder. Ware also claims that his attorney told him, erroneously,  that if he had gone to trial and been convicted of first degree murder, he would have to serve life without parole with no legal or procedural avenue to obtain any type of release at any time.

The trial court denied relief after a hearing and Ware appealed. Ware is represented by Tom Fortner  and Valerie Moss. This should be an interesting argument for all criminal defense lawyers.

Ware’s brief 

State’s brief

Ware’s reply brief

Watch the argument here.

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