Graham v. State
| Docket Number: | 2005-CA-02367-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-27-2007 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Revocation hearing - Right to counsel Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 11-18-2005 Appealed from: Harrison County Circuit Court Judge: Roger T. Clark Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: A2402-2005-129 |
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| Party Name: | Attorney Name: | |||
| Appellant: | DECARLOS LOVERN GRAHAM |
ALVIN CHASE |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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 - Revocation hearing - Right to counsel |
| Summary of the Facts: | Decarlos Graham pled guilty to armed robbery and was sentenced to twenty years suspended and placed on three years post-release supervision. When Graham was arrested for possession of cocaine with intent to deliver, the trial court found that Graham had violated his probation conditions and ordered him to serve his sentence. Graham filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Graham argues that he was entitled to have an attorney present during the revocation hearing. A probationer has the right to appointed counsel at a revocation hearing when the issues are complex or otherwise difficult to develop. In this case, the issues were neither complex nor difficult to develop. The evidence showed that Graham more likely than not violated his probation. The narcotics officer witnessed the drug sale, saw Graham drop the plastic baggy which field tested positive for cocaine, and a passenger in the car gave a statement to the officer identifying Graham as the person involved in the drug sale. |
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