Buck v. State
| Docket Number: | 2001-CT-00345-SCT Linked Case(s): 2001-CT-00345-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 02-13-2003 Opinion Author: Waller, J. Holding: Affirmed in Part; Reversed and Remanded in Part |
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| Additional Case Information: |
Topic: Post-conviction relief - Transfer of jurisdiction - Section 43-21-157 - Ineffective assistance of counsel Judge(s) Concurring: Pittman, C.J., Smith, P.J., Cobb, Diaz, Carlson and Graves, JJ. Dissenting Author : Easley, J. Concurs in Result Only: McRae, P.J. Procedural History: PCR Nature of the Case: PCR Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 01-29-2001 Appealed from: Warren County Circuit Court Judge: Frank G. Vollor Disposition: POST-CONVICTION RELIEF IS DENIED District Attorney: G. Gilmore Martin Case Number: 000011-CR-V |
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| Note: | The Supreme Court found that Buck's case was improperly transferred, and it reversed and remanded; however, it affirmed the Court of Appeals' finding of no ineffective assistance of counsel by Buck's previous representatives. The original Court of Appeals opinion can be found at http://courts.ms.gov/Images/Opinions/Conv12147.pdf . | |
| Party Name: | Attorney Name: | |||
| Appellant: | Rheuvonia Buck |
JAMES L. PENLEY, JR. |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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 - Transfer of jurisdiction - Section 43-21-157 - Ineffective assistance of counsel |
| Summary of the Facts: | The Court of Appeals affirmed the circuit court’s denial of Rheuvonia Buck's motion for post-conviction relief, and the Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | Issue 1: Transfer of jurisdiction Buck argues that the Warren County Youth Court's improper transfer of jurisdiction under section 43-21-157 failed to confer authority in the circuit court to act in her case. Section 43-21-157 provides that if a child who has reached his thirteenth birthday is charged by petition to be a delinquent child, the youth court, either on motion of the youth court prosecutor or on the youth court's own motion, may in its discretion transfer jurisdiction of the alleged offense to the criminal court which would have trial jurisdiction of such offense if committed by an adult. Here, the transfer was not initiated on motion of the youth court prosecutor or on the youth court's own motion, but it was brought up by counsel in another related case. In addition, there was no bifurcated transfer hearing held, and the transfer order does not contain findings of probable cause as required by statute. Therefore, the Youth Court erred in transferring jurisdiction. Issue 2: Ineffective assistance of counsel Buck's representation before the youth court and circuit court was not ineffective. At the youth court proceeding, Buck was adamant about being transferred to circuit court despite her attorney's professed opposition to doing so. All |
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