Cross v. State
Docket Number: | 2006-CA-00425-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 04-17-2007 Opinion Author: IRVING, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Post-conviction relief - 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: 02-16-2006 Appealed from: RANKIN COUNTY CIRCUIT COURT Judge: William E. Chapman, III Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2006-0007(C) |
Party Name: | Attorney Name: | |||
Appellant: | LISA J. CROSS |
IMHOTEP ALKEBU-LAN |
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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. |
Topic: | Post-conviction relief - Voluntariness of plea |
Summary of the Facts: | Lisa Cross pled guilty to two counts of aggravated assault. She was sentenced to fifteen years with eight suspended and five years of supervised probation on each count. She filed a motion for post-conviction relief which was dismissed. She appeals. |
Summary of Opinion Analysis: | Cross argues that her plea was not voluntarily and intelligently made, because she was being treated for several mental illnesses at the time the plea was entered. However, Cross testified at the hearing that she was not under the influence of any medications, which prompted the court to inquire as to why she was not being treated for these disorders. Cross responded that she has not been prescribed any new medications because she also suffers from agoraphobia, which makes it difficult for her to go to her mental health appointments. The record clearly belies Cross’ allegation that her plea was not voluntary, as the trial court asked her several times if she wished to plead guilty. The trial court also inquired into Cross’ mental state by asking her attorney whether he felt that she appreciated the nature and consequences of her actions. Based on a review of plea and sentencing hearings, the trial judge properly accepted Cross’ guilty plea, as it was voluntarily and intelligently given. |
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