Mathis v. State
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 |
|
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 - 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. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court