Walden v. State
| Docket Number: | 2014-CP-00165-COA Linked Case(s): 2014-CP-00165-COA ; 2014-CT-00165-SCT ; 2014-CT-00165-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-19-2016 Opinion Author: Ishee, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Fair, James and Wilson, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 02-18-2014 Appealed from: HOLMES COUNTY CIRCUIT COURT Judge: HON. JANNIE M. LEWIS Disposition: Dismissed motion for postconviction relief Case Number: 2013-0150 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Nathaniel Walden a/k/a Nathaniel "Dude" Walden |
NATHANIEL WALDEN (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND | ||
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: | Nathaniel Walden was convicted of murder and shooting into an occupied dwelling. Walden was sentenced to serve life for the charge of murder and ten years, with five years suspended and five years of probation, for the charge of shooting into an occupied dwelling. His conviction and sentence were affirmed on appeal. Walden filed a motion for post-conviction relief which the court denied. He appeals. |
| Summary of Opinion Analysis: | Walden argues that he received ineffective assistance of counsel, because his counsel advised him to reject a plea deal that would have eliminated the charge of shooting into an occupied dwelling in exchange for Walden pleading guilty to the lesser charge of manslaughter. Claims for ineffective assistance of counsel must be pleaded with specificity, and the claim must be supported by affidavits other than the claimant’s. Because Walden fails to present any evidence that he was offered a plea deal for manslaughter, he has no grounds to support his claim of ineffective assistance of counsel. |
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