Garibaldi v. State
| Docket Number: | 2001-CA-01444-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., 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: 08-30-2001 Appealed from: Pike County Circuit Court Judge: Mike Smith Disposition: THE MOTION FOR POST- CONVICTION COLLATERAL RELIEF DENIED. District Attorney: Dunn Lampton Case Number: 00-179-B |
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| Party Name: | Attorney Name: | |||
| Appellant: | Amadee Garibaldi, Jr. |
JOHN EDWARD JACKSON |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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 - Ineffective assistance of counsel |
| Summary of the Facts: | Amadee Garibaldi, Jr. pled guilty to simple assault on a law enforcement officer and to the charges of possession of contraband. He filed a petition for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Garibaldi argues that he received ineffective assistance of counsel, because there was little appreciable contact between him and defense counsel, counsel should have aggressively approached the issues surrounding the assault on a law enforcement officer, counsel failed to seriously pursue positive leads, and counsel failed to share with him copies of the State's discovery. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. The record shows that Garibaldi was well informed about the consequences of his guilty plea, the possible sentences and stated that the plea was not made under threats, promises or coercion. He has failed to overcome the presumption of competency of trial counsel, and he has failed to demonstrate that because of deficiencies of counsel his guilty plea should not have been accepted. |
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