Stewart v. State
Docket Number: | 2001-CP-01485-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 05-13-2003 Opinion Author: Irving, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, 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: 08-15-2001 Appealed from: Itawamba County Circuit Court Judge: Thomas J. Gardner Disposition: PETITION FOR POST-CONVICTION RELIEF DENIED FOR LACK OF MERIT. District Attorney: John Richard Young Case Number: CV00-007(GI |
Party Name: | Attorney Name: | |||
Appellant: | Janice Stewart |
PRO SE |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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. |
Topic: | Post-conviction relief - Voluntariness of plea |
Summary of the Facts: | Janice Stewart pled guilty to capital rape and child pornography. She filed a motion for post-conviction relief which was denied. She appeals. |
Summary of Opinion Analysis: | Stewart argues that she was not advised by the court or her trial attorney that she, as a sex offender, would be ineligible for parole, earned time, and meritorious time and that, because she was unaware of her ineligibility, she should be allowed consideration for these privileges. She also argues that her attorney told her family that she would only have to serve two or three more years. The issue is barred since it is being raised for the first time on appeal. In addition, there is no error since Stewart does not assert that knowledge of her ineligibility regarding parole, earned or meritorious time would have caused her not to plead guilty. |
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