Mathis v. State


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Docket Number: 2002-CP-01826-COA
Linked Case(s): 2002-CP-01826-COA

Court of Appeals: Opinion Date: 04-27-2004
Opinion Author: Griffis, J.
Holding: Reversed and Remanded

Additional Case Information: Topic: Post-conviction relief - Notice of revocation hearing

Trial Court: Date of Trial Judgment: 10-02-2002
Appealed from: Lafayette County Circuit Court
Judge: Andrew K. Howorth
Case Number: L02-221

Note: Link Inactive

  Party Name: Attorney Name:  
Appellant: James C. Mathis








 

Appellee: State of Mississippi  

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Topic: Post-conviction relief - Notice of revocation hearing

Summary of the Facts: The motion for rehearing is granted, and this opinion is substituted for the original opinion. James Mathis was denied any relief after filing a motion for post-conviction relief. Mathis appeals.

Summary of Opinion Analysis: Mathis was brought before the circuit court for a probation revocation hearing in August 2002. Mathis subsequently filed a motion in which he alleged that he had not received notice of the hearing that properly informed him of the allegations upon which revocation was sought, made the necessary disclosures of the evidence of the violation, and offered him a reasonable time to prepare for the hearing. Mathis did not raise these issues at the time of the revocation hearing even when the court gave Mathis the opportunity. In addition, the record shows that Mathis had notice of the terms of probation and that the court had a sufficient basis for revoking probation. Therefore, Mathis is not entitled to any relief.


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