Shanks v. State
| Docket Number: | 2006-CP-00729-COA Linked Case(s): 2006-CP-00729-COA ; 2006-CT-00729-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-12-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Voluntariness of plea Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, 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: 04-05-2006 Appealed from: Claiborne County Circuit Court Judge: Lamar Pickard Disposition: POST-CONVICTION RELIEF DENIED Case Number: 2006-40 |
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| Party Name: | Attorney Name: | |||
| Appellant: | TRAVIS SHANKS |
TRAVIS SHANKS (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN TERRELL MARTIN |
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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 - Time bar - Voluntariness of plea |
| Summary of the Facts: | Travis Shanks pled guilty to murder and was sentenced to life imprisonment. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Shanks argues that he was not advised by his counsel or the court that intent to cause death was an essential element of murder and, therefore, he was denied due process. Because Shanks filed his motion more than three years after he pled guilty, the trial court correctly held that Shanks was procedurally barred from asserting his motion for post-conviction relief. In addition, the record shows that Shanks was sufficiently informed of the elements of murder and the consequences of pleading guilty to such a crime. |
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