Swift v. State
| Docket Number: | 2006-CP-00322-COA Linked Case(s): NO. 2011-CA-00120-SCT CONSOLIDATED WITH 2007-CA-00322-SCT & 2006-CA-00185-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-27-2007 Opinion Author: ISHEE, J. Holding: DISMISSED WITHOUT PREJUDICE |
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| Additional Case Information: |
Topic: Revocation of probation - Unappealable order Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, 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: 01-20-2006 Appealed from: Clay County Circuit Court Judge: Lee J. Howard Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. Case Number: 2000-0057 |
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| Party Name: | Attorney Name: | |||
| Appellant: | ANTHONY SWIFT |
ANTHONY SWIFT (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. DANIEL HINCHCLIFF |
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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: | Revocation of probation - Unappealable order |
| Summary of the Facts: | After being indicted for three counts of the sale of cocaine, the court revoked Anthony Swift’s probation. Swift filed a motion for reconsideration which the court denied. Swift appeals. |
| Summary of Opinion Analysis: | An order revoking probation is not appealable; instead, the proper venue for complaints about probation revocation is a motion for post-conviction relief. Since Swift is attempting to appeal an unappealable order, his appeal is dismissed without prejudice. |
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