Lawrence v. State
Docket Number: | 1999-CT-01101-SCT | |
Supreme Court: | Opinion Link Opinion Date: 06-19-2003 Opinion Author: Carlson, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Burglary of dwelling - Initial appearance - URCCC 6.03 Judge(s) Concurring: Pittman, C.J., Smith, P.J., Waller and Cobb, JJ. Non Participating Judge(s): Graves, J. Concur in Part, Dissent in Part 1: McRae, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion Concurs in Result Only: Diaz and Easley, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY Writ of Certiorari: Granted Appealed from Court of Appeals |
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Trial Court: |
Date of Trial Judgment: 06-15-1999 Appealed from: Scott County Circuit Court Judge: Marcus D. Gordon Disposition: The Appellant was convicted of burglary of a dwelling house and sentenced as a habitual offender to twenty-five years in prison without benefit of parole. District Attorney: Ken Turner Case Number: 5004 |
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Note: | The Supreme Court affirmed the Circuit Court and the Court of Appeals. |
Party Name: | Attorney Name: | |||
Appellant: | Larry Wesley Lawrence |
PRO SE |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS, JR. |
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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. |
Topic: | Burglary of dwelling - Initial appearance - URCCC 6.03 |
Summary of the Facts: | Larry Lawrence was convicted of burglary of a dwelling house and sentenced as a habitual offender to twenty-five years. The Court of Appeals affirmed, but both Lawrence and the State sought review by writ of certiorari. |
Summary of Opinion Analysis: | Only one issue is addressed on certiorari. It involves the fact that Lawrence was not given an initial appearance until six days after his arrest. URCCC 6.03 provides that every person in custody shall be taken, without unnecessary delay and within 48 hours of arrest, before a judicial officer or other person authorized by statute for an initial appearance. Lawrence was not taken before a judge for the initial appearance required under URCCC 6.03 until six days after his arrest. However, when a rule is enacted, and then violated, that rule violation does not necessarily rise to the level of a constitutional violation. A probable cause determination was made on Lawrence, well within the required 48-hour period, when he was served with an arrest warrant on the day after his arrest. There was no violation of Lawrence’s Fourth Amendment rights, although URCCC 6.03 was violated. Therefore, the judgments of the Court of Appeals and the circuit court are affirmed. |
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