Miller v. State
| Docket Number: | 2002-CP-00522-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-07-2003 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Defective indictment - Foreman’s affidavit Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers and Chandler, JJ. Non Participating Judge(s): Griffis, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-27-2002 Appealed from: Yazoo County Circuit Court Judge: Jannie M. Lewis Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. District Attorney: James H. Powell, III Case Number: 2002-CI-10 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Peter R. Miller |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Defective indictment - Foreman’s affidavit |
| Summary of the Facts: | Peter Miller pled guilty to kidnaping for which he was sentenced to twelve years, simple assault on a police officer for which he was sentenced to five years, and possession of a firearm by a convicted felon for which he was sentenced to three years. Miller filed a motion for post-conviction relief which was denied. He filed a second motion for post-conviction relief which was also denied. Miller appeals. |
| Summary of Opinion Analysis: | Issue 1: Defective indictment Although Miller’s second motion is procedurally barred as a successive motion, the merits of the motion will be addressed. Miller argues that the indictment was defective because the words "against the peace and dignity of the state" appeared at the end of count I. The act of including the phrase "against the peace and dignity of the state" at the end of each of the individual counts does not render the indictment void so long as those words are also found at the conclusion of the indictment. Here, the words "against the peace and dignity of the State of Mississippi" appear at the end of each of the three counts including at the final charging paragraph. Issue 2: Foreman’s affidavit Miller argues that the affidavit of the foreman of the grand jury was improper because the date of the minutes, January 24, 1997, conflicted with the filing date of the affidavit, which was January 7, 1997. As long as the jury foreperson has signed the indictment and the clerk has marked it "filed," both of which occurred here, the indictment is fully established. |
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