Cross v. State


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Docket Number: 2006-CA-00425-COA

Court of Appeals: Opinion Link
Opinion Date: 04-17-2007
Opinion Author: IRVING, J.
Holding: Affirmed

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

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



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: W. DANIEL HINCHCLIFF  

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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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