Fisher v. State of Mississippi — PCR denial affirmed because his new appellate claims were barred and waived by his guilty plea

Case
Charles Issac Fisher, Jr. a/k/a Charles I. Fisher, Jr. a/k/a Charles Fisher v. State of Mississippi
Court
Mississippi Court of Appeals
Judge
Carlton, P.J.; McDonald, J.; Lawrence, J.
Date Decided
October 27, 2026
Docket No.
2025-CP-01174-COA
Topics
Post-conviction relief; Guilty pleas; Procedural bar; Criminal appeals
Source
Read the full opinion

Background

In 2022, Charles Fisher entered an Alford plea to three counts of kidnapping and three counts of aggravated assault. The Calhoun County Circuit Court advised him of the charges, constitutional rights, and consequences of the plea, found the plea knowing and voluntary, and imposed consecutive sentences totaling fifty-one years in Mississippi Department of Corrections custody.

Fisher later sought post-conviction relief, alleging a defective indictment, ineffective assistance, due-process violations, an involuntary plea, and newly discovered evidence. The circuit court denied the motion on the pleadings and prior proceedings. On appeal, however, Fisher did not pursue those PCR claims; he instead challenged the sufficiency and weight of the evidence.

The Court’s Holding

The Mississippi Court of Appeals affirmed. Fisher’s sufficiency- and weight-of-the-evidence arguments were procedurally barred because he had not raised them in his PCR motion for the circuit court to decide.

The court also held that a valid guilty plea waives a challenge to the sufficiency of the State’s evidence. Although Fisher’s brief referred to a jury and a trial, he had pleaded guilty. The appellate court therefore found all issues raised on appeal barred and upheld the denial of PCR.

Key Takeaways

  • A PCR appellant cannot abandon claims raised below and obtain review of new claims raised for the first time on appeal.
  • A valid guilty plea waives a challenge to the sufficiency of the State’s evidence.
  • References to a trial or jury do not preserve weight- or sufficiency-of-the-evidence claims where the defendant pleaded guilty.

Why It Matters

The decision reinforces the preservation rule in Mississippi PCR litigation: the circuit court must first have an opportunity to address a claim before an appellate court will review it. It also illustrates the breadth of the waiver resulting from a valid guilty plea, including an Alford plea.

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