Truitt v. State
| Docket Number: | 2006-CP-00543-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-12-2007 Opinion Author: IRVING, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Defective indictment - Voluntariness of plea Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 03-06-2006 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Isadore Patrick Disposition: POST-CONVICTION RELIEF DISMISSED. Case Number: 06-0049-CI-P |
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| Party Name: | Attorney Name: | |||
| Appellant: | TERENCE TRUITT A/K/A TERENCE DONTAE MOZLEY TRUITT |
TERENCE TRUITT (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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 - Defective indictment - Voluntariness of plea |
| Summary of the Facts: | Terence Truitt pled guilty to manslaughter and was sentenced to twenty years. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Indictment Truitt argues that his indictment is improper because it charges him with both murder and manslaughter of the same individual. Not only does a valid guilty plea operate as a waiver of all non-jurisdictional defects contained in an indictment against a defendant, but nothing prohibits the State from indicting a defendant for murder and manslaughter in the death of the same individual. He also argues that his indictment violates the Fifth Amendment guarantee against double jeopardy. Truitt pled guilty to manslaughter and was never prosecuted for murder; thus, he was not twice put in jeopardy of life or limb. Issue 2: Voluntariness of plea Truitt argues that his plea was entered involuntarily because his attorney assured him that he would not be sentenced to more than ten years in prison. Truitt’s petition to enter a plea of guilty contradicts his assertions. |
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