Gray v. State
| Docket Number: | 2002-CP-01581-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-01-2003 Opinion Author: Southwick, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Convening of grand jury - New evidence - Evidentiary hearing Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 08-16-2002 Appealed from: Wayne County Circuit Court Judge: Larry Eugene Roberts Disposition: PETITION FOR POST-CONVICTION RELIEF DENIED District Attorney: Bilbo Mitchell Case Number: 2000-59 |
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| Party Name: | Attorney Name: | |||
| Appellant: | State of Mississippi |
PRO SE |
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| Appellee: | Bobby Leonard Gray | 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 - Convening of grand jury - New evidence - Evidentiary hearing |
| Summary of the Facts: | Bobby Gray was convicted of sale of cocaine. He filed a petition for post-conviction relief which was denied. He then filed a second petition for post-conviction relief which was dismissed. On appeal, the Court of Appeals remanded the case directing the court to review the claims made by Gray. After reviewing the claims, the court denied the petition, and Gray appeals. |
| Summary of Opinion Analysis: | Issue 1: Indictment Gray argues that his evidence proves that no grand jury was in session on the date of his indictment. Where there is unimpeachable documentary evidence which belies the petitioner's contrary affidavits, an evidentiary hearing is not required. Gray submitted affidavits asserting that no grand jury was convened that week. However, the evidence that a grand jury was convened is overwhelming. The record contains affidavits from the district attorney, the circuit clerk, the foreman of the grand jury and an investigator from the district attorney's office, all swearing that the jury was convened and also contains a copy of the indictment, a list of the names and addresses of the individuals who served, and the final report of the grand jury. Official acts of public bodies are afforded a strong presumption of validity, and Gray has not rebutted this presumption. Issue 2: New evidence Gray argues that he was entitled to an evidentiary hearing on the claim of new evidence, the basis of which was the affidavit of a witness recanting her trial testimony that she purchased drugs from Gray. Because the recanter’s testimony was corroborated by another witness, there is no reason for an evidentiary hearing because of the recantation. |
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