Swilley v. State


<- Return to Search Results


Docket Number: 2011-CP-01198-COA

Court of Appeals: Opinion Link
Opinion Date: 07-24-2012
Opinion Author: Roberts, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Illegal search - Probable cause - Section 99-39-21(1)
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 09-19-2011
Appealed from: Copiah County Circuit Court
Judge: Lamar Pickard
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: 2011-0053CR

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: James Anthony Swilley a/k/a James Swilley




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  

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 - Illegal search - Probable cause - Section 99-39-21(1)

Summary of the Facts: James Swilley pled guilty to one count of felony shoplifting and was sentenced to four years. Swilley filed an “Interlocutory Appeal” in the circuit court. The circuit court reviewed this document as a motion for post-conviction relief and denied relief. Swilley appeals.

Summary of Opinion Analysis: Swilley argues that the circuit court erred in not suppressing the evidence obtained during the police officers’ search of him because the search and subsequent seizure violated of his Fourth Amendment right to be free from unreasonable search and seizure. Swilley alleged that the police officers lacked reasonable suspicion or probable cause to detain and search him. Section 99-39-21(1) prohibits a prisoner from raising certain issues in a PCR motion if they should have been raised prior to filing a PCR motion, and failure to raise these issues acts as a waiver. When a criminal defendant has solemnly admitted in open court that he is in fact guilty of the offense with which he is charged, he may not thereafter raise independent claims relating to the deprivation of his constitutional rights that occurred prior to the entry of the guilty plea. Because Swilley’s guilty plea was valid, he cannot now raise any claim that his arrest, search, or seizure was illegal.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court