Waites v. State
| Docket Number: | 2003-CP-00392-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-11-2004 Opinion Author: Griffis, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Faulty indictment - Section 41-29-139(a)(1) - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: PCR Nature of the Case: PCR |
|
| Trial Court: |
Date of Trial Judgment: 03-25-2003 Appealed from: Rankin County Circuit Court Judge: David Byrd Clark Disposition: POST-CONVICTION RELIEF DENIED District Attorney: Samac Richardson Case Number: 2002-215 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Sam Waites |
PRO SE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
|
|
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. |
|
| Topic: | Post-conviction relief - Faulty indictment - Section 41-29-139(a)(1) - Ineffective assistance of counsel |
| Summary of the Facts: | Sam Waites pled guilty to charges of sale of cocaine and conspiracy to transfer cocaine. He was sentenced to ten years on each charge, with the sentences to run concurrently. The court denied Waites' petition for post-conviction relief, and Waites appeals. |
| Summary of Opinion Analysis: | Waites argues that his indictment was faulty for not stating an exact amount of cocaine. Under section 41-29-139(a)(1), there is no requirement that a specific amount of a controlled substance be found in order for a person to be convicted under this section. Waites also argues that he was denied effective assistance of counsel because of his faulty indictment. Waites' claims are moot because the indictment was not defective. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
