Spearman v. State


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Docket Number: 2002-CP-00540-COA

Court of Appeals: Opinion Link
Opinion Date: 03-25-2003
Opinion Author: McMillin, C.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Evidentiary hearing - Section 99-39-11
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: 03-14-2002
Appealed from: Grenada County Circuit Court
Judge: Joseph H. Loper
Disposition: POST-CONVICTION COLLATERAL RELIEF DENIED
District Attorney: Doug Evans
Case Number: 2001-0516-CV-L

  Party Name: Attorney Name:  
Appellant: Arthur Dean Spearman




PRO SE



 

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

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Topic: Post-conviction relief - Evidentiary hearing - Section 99-39-11

Summary of the Facts: Arthur Spearman pled guilty to one count of automobile burglary and one count of escape. He filed a petition for post-conviction relief which was denied. He appeals.

Summary of Opinion Analysis: Spearman argues that the court erred in dismissing his motion without a hearing. The movant is required to set forth with some measure of particularity the alleged facts which demonstrate his entitlement to relief and to also swear on his oath to the accuracy of those facts that are within his personal knowledge or satisfactorily demonstrate to the court, by supporting affidavit or other appropriate means, how he intends to prove those facts not personally known to him if given the opportunity. Section 99-39-11 allows the court to dismiss the motion if it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief. The only specific facts alleged in support of the conclusory allegations of Spearman’s motion are contained in a brief recital of his version of the events relating to the alleged crimes. There is nothing to demonstrate the ineffectiveness of defense counsel’s representation, illuminate any alleged defect in the indictment, or establish the unconstitutionality of the statutes under which Spearman was charged and sentenced. Therefore, the court was not required to conduct a hearing.


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