Monroe v. State


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Docket Number: 2001-CP-01082-COA
Linked Case(s): 2001-CT-01082-SCT ; 2001-CP-01082-COA ; 2001-CT-01082-SCT

Court of Appeals: Opinion Link
Opinion Date: 02-18-2003
Opinion Author: King, P.J.
Holding: Affirmed

Additional Case Information: Topic: Murder - Out-of-time appeal - M.R.A.P. 4(g) - Ineffective assistance of counsel
Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ.
Non Participating Judge(s): Griffis, J.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 06-15-2001
Appealed from: Amite County Circuit Court
Judge: Forrest Johnson
Disposition: OUT-OF-TIME APPEAL DENIED
District Attorney: Ronnie Lee Harper
Case Number: 2479-J

  Party Name: Attorney Name:  
Appellant: Jerry Monroe a/k/a Gerry Monroe




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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Topic: Murder - Out-of-time appeal - M.R.A.P. 4(g) - Ineffective assistance of counsel

Summary of the Facts: Jerry Monroe was convicted of murder and was sentenced to life imprisonment. He filed a petition for post-conviction relief which was denied. He later filed a motion for an out-of-time appeal which was also denied. Monroe appeals.

Summary of Opinion Analysis: M.R.A.P. 4(a) requires that a notice of appeal be filed within thirty days after the date of entry of the judgment from which an appeal is taken. Monroe waited some eight months, and then filed a motion for an out-of-time appeal. M.R.A.P.4(g) allows the court to grant an extension if requested within the initial thirty day period upon a showing of good cause or, if requested beyond that period, upon a showing of excusable neglect. Monroe failed to show any excusable neglect to justify an out-of-time appeal. In addition, his contention that he received ineffective assistance of counsel because his attorney advised him to plead guilty to murder after the jury had returned its verdict, failed to inform him of his right to appeal after a jury verdict, and failed to adequately investigate the case is without merit. Monroe did not enter a guilty plea prior to or during the trial which would have required advising him of the nature and consequences of a guilty plea and he has failed to offer proof of facts to support his other claims.


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