Bates v. State
| Docket Number: | 2003-CP-01588-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-27-2004 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 06-16-2003 Appealed from: Pike County Circuit Court Judge: Mike Smith Disposition: PCR DENIED District Attorney: J. Daniel Smith Case Number: 02-0165-KB |
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| Party Name: | Attorney Name: | |||
| Appellant: | Arnie Dekeith Bates |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Ineffective assistance of counsel |
| Summary of the Facts: | Arnie Bates pled guilty to sexual battery and was sentenced to thirty years, with twenty to be served and ten on post-release supervision. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Bates argues that he pled guilty to the charge of sexual battery due to advice of his trial counsel that the issue of consent would not be an issue for the jury to consider. The victim of the alleged sexual battery was a fourteen-year-old child. At the time of the offense, Bates was thirty-three years old. Under the plain language of section 97-3-95 (1) (c), the State would not have to address the issue of consent. Therefore, Bates' trial counsel did not provide erroneous advice in advising Bates that consent was not an issue for the jury to address. Bates raised six issues in appealing his petition for post-conviction relief, none of which were presented to the trial court in the petition for post-conviction relief. New issues not presented to the trial court for resolution may not be raised for the first time on appeal. |
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