Yennie v. State


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Docket Number: 2002-CP-00712-COA

Court of Appeals: Opinion Link
Opinion Date: 05-20-2003
Opinion Author: McMillin, C.J.

Additional Case Information: Topic: Post-conviction relief - Revocation of probation - Ineffective assistance of counsel
Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 03-05-2002
Appealed from: Harrison County Circuit Court
Judge: Stephen Simpson
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
District Attorney: Cono A. Caranna, II
Case Number: A-2402-2002-40

  Party Name: Attorney Name:  
Appellant: Linda Yennie




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS  

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Topic: Post-conviction relief - Revocation of probation - Ineffective assistance of counsel

Summary of the Facts: Linda Yennie pled guilty to one count of burglary and received a seven year sentence which was suspended. Yennie was placed on supervised probation for three years. The court later revoked her probation when Yennie admitted that she had violated the terms of her probation. Yennie filed a motion for post-conviction relief which the court denied. Yennie appeals.

Summary of Opinion Analysis: Yennie argues that she received ineffective assistance of counsel at the revocation hearing, because she retained an attorney to represent her but the attorney did not appear. Though there are certain due process protections afforded a defendant in a revocation proceeding, there is no Sixth Amendment guarantee of counsel in every instance. Here, there is no contention that this case is one where the issues were such that counsel was absolutely required. In addition, it is impossible to conclude that counsel’s alleged failure to appear altered the outcome of this revocation hearing since Yennie has failed to indicate what pertinent evidence or legal argument she was prevented from presenting to the court for consideration.


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