Stewart v. State


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Docket Number: 2001-CP-01485-COA

Court of Appeals: Opinion Link
Opinion Date: 05-13-2003
Opinion Author: Irving, J.
Holding: Affirmed

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

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



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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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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