Fulton v. State
| Docket Number: | 2002-CP-00716-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-06-2003 Opinion Author: Myers, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Right to speedy trial - Pre-trial hearing - Ineffective assistance of counsel Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
|
| Trial Court: |
Date of Trial Judgment: 09-05-2002 Appealed from: Lowndes County Circuit Court Judge: John Montgomery Disposition: POST-CONVICTION RELIEF DISMISSED District Attorney: Forrest Allgood Case Number: 2001-0094-CV1 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Dexter Fulton |
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 - Right to speedy trial - Pre-trial hearing - Ineffective assistance of counsel |
| Summary of the Facts: | Dexter Fulton pled guilty to burglary and was sentenced to seven years. He filed a petition for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Right to speedy trial Fulton argues he was denied his right to a speedy trial. A guilty plea waives all non-jurisdictional rights or defects including the right to a speedy trial. Issue 2: Pre-trial hearing Fulton argues he was denied a pre-trial hearing. A guilty plea waives all non-jurisdictional rights or defects including the right to a pre-trial hearing. Issue 3: Ineffective assistance of counsel Fulton argues he received ineffective assistance of counsel, because his attorney pled rather than raised the right to a speedy trial and because the attorney was court-appointed. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. Here, the speedy trial claim was not meritorious. In addition, Fulton’s generalization that court-appointed attorneys are not going to work to their fullest on behalf of their clients is not correct. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
