Whitfield v. State
| Docket Number: | 2002-CP-01140-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-13-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Evidentiary hearing 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: 07-01-2002 Appealed from: Winston County Circuit Court Judge: Clarence E. Morgan, III Disposition: DENIAL OF POST-CONVICTION RELIEF District Attorney: Doug Evans Case Number: 2002-0125-CV-M |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Don A. Whitfield |
PRO SE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
|
|
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 - Evidentiary hearing |
| Summary of the Facts: | Don Whitfield pled guilty to two counts of the sale of cocaine and was sentenced to fourteen years on each count, with ten years to serve and four years suspended. He filed a motion for post-conviction relief which was denied. He app |
| Summary of Opinion Analysis: | Whitfield argues that he was entitled to a hearing before the circuit court at which he would be offered the opportunity to prove the matters alleged in his motion. The movant must demonstrate through sworn pleadings or supporting affidavits that evidence exists in support of his allegations in order to be entitled to an evidentiary hearing. Whitfield’s motion, alleging an act of duplicity on the part of his defense counsel, is supported by nothing beyond Whitfield’s own assertion and is overwhelmingly belied by Whitfield's own testimony under oath at the plea hearing. Therefore, the court properly denied relief. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
