Swilley v. State
Docket Number: | 2011-CP-01198-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 07-24-2012 Opinion Author: Roberts, J. Holding: Affirmed |
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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 |
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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 |
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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. |
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