Gross v. State
| Docket Number: | 2001-CA-01185-COA Linked Case(s): 2001-CA-01185-COA ; 2001-CT-01185-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-25-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Relitigation of issue 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 |
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| Trial Court: |
Date of Trial Judgment: 06-14-2001 Appealed from: DeSoto County Circuit Court Judge: George B. Ready Disposition: ORDER DISMISSING MOTION FOR POSTCONVICTION COLLATERAL RELIEF. MOTION TO RECONSIDER DISMISSAL DENIED. District Attorney: Michael Horan Case Number: CV2001-0134RD |
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| Party Name: | Attorney Name: | |||
| Appellant: | John F. Gross a/k/a John Felix Gross |
T. SWAYZE ALFORD
LYNN CHAIN COOPER |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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. |
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| Topic: | Post-conviction relief - Relitigation of issue |
| Summary of the Facts: | John Gross pled guilty to driving under the influence of intoxicants and thereby causing the death of another. Gross filed a motion for post-conviction relief which the court denied. He appeals. |
| Summary of Opinion Analysis: | Gross based his claim for post-conviction relief on a decision by the Mississippi Supreme Court rendered after he entered his guilty plea that declared section 63-11-8 unconstitutional. This decision came long after Gross’s judgment of sentence on his guilty plea was entered and any possible right of direct appeal from that judgment had expired. Issues that could or should have been fully litigated in the original trial of the cause may not be litigated in a post-conviction relief proceeding. In this case, the court declined to suppress evidence relating to Gross’s blood alcohol content derived from a blood sample alleged to have been taken without a warrant and without Gross’s informed consent, and Gross then decided that it would be in his best interest to enter a plea of guilty rather than face a trial that would have included evidence of the incriminating results of his blood tests. His decision to forego a challenge to the court’s decision and enter a plea of guilty acted as a waiver of his right to subsequently re-litigate the issue of the admissibility of this evidence in a post-conviction relief proceeding. |
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