Graves v. State
| Docket Number: | 2003-CA-00377-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-11-2004 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Evidentiary hearing Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 02-06-2003 Appealed from: Lee County Circuit Court Judge: Thomas J. Gardner Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED District Attorney: Dennis Farris Case Number: CV02-148(G)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Joy Graves |
MOSE LEE SUDDUTH |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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 - Evidentiary hearing |
| Summary of the Facts: | Joy Graves pled guilty to possession of cocaine. She was sentenced to twenty years but was placed in the Intensive Supervision Program. She filed a motion for post-conviction relief which was dismissed. She appeals. |
| Summary of Opinion Analysis: | Graves argues that she was denied an opportunity to present the lower court with evidence that would support her claim of ineffective assistance of counsel and that she was entitled to an evidentiary hearing. Courts are authorized to summarily dismiss PCR motions if it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief. Graves's sworn statements made during her plea qualification hearing belies the allegations of her PCR motion. Therefore, the court properly concluded that Graves’s PCR motion, alleging ineffective assistance of counsel, was without merit and properly dismissed it without an evidentiary hearing. |
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