Hodgin v. State
| Docket Number: | 2006-CP-01955-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-17-2007 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Production of discovery evidence, records and trial transcripts 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: 10-13-2006 Appealed from: SUNFLOWER COUNTY CIRCUIT COURT Judge: Richard Smith Disposition: PETITION FOR PRODUCTION OF DISCOVERY EVIDENCE, RECORDS AND TRIAL TRANSCRIPTS IS DENIED Case Number: 2006-0118-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | LENZY LOUIS HODGIN |
LENZY LOUIS HODGIN (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Production of discovery evidence, records and trial transcripts |
| Summary of the Facts: | Lenzy Hodgin was convicted of sexual battery. Hodgin appealed but failed to file a brief and his appeal was dismissed by the Supreme Court Clerk’s office on June 14, 2005. Hodgin subsequently filed two motions seeking reinstatement of the appeal but both were denied. Hodgin then filed a motion with the supreme court for leave to seek post-conviction relief in the trial court. The supreme court dismissed Hodgin’s motion without prejudice. Hodgin then filed a petition for production of discovery evidence, records and trial transcripts in the trial court which the court denied. Hodgin appeals. |
| Summary of Opinion Analysis: | Hodgin argues that the court erred in denying his motion for production of discovery evidence, records and trial transcripts. Nothing in the Uniform Post-Conviction Collateral Relief Act or elsewhere gives a prisoner the right to institute an independent, original action for a free transcript or other documents, and then if dissatisfied with the trial court’s ruling, to directly appeal that ruling to this court as a separate and independent action. Furthermore, Hodgin’s appeal was dismissed and he failed to present a viable motion seeking leave to file a motion for post-conviction relief. |
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