Capnord v. State
| Docket Number: | 2001-CP-01992-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-25-2003 Opinion Author: McMillin, C.J. |
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| Additional Case Information: |
Topic: Post-conviction relief - Defective indictment - Ineffective assistance of counsel Judge(s) Concurring: King and Southwick, P.JJ., 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: 11-06-2001 Appealed from: Leflore County Circuit Court Judge: Betty W. Sanders Disposition: PETITION FOR POST-CONVICTION RELIEF DENIED District Attorney: Joyce Ivy Chiles Case Number: 2001-0137-CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | Eddie Capnord |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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 - Ineffective assistance of counsel |
| Summary of the Facts: | Eddie Capnord entered a plea of 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: | Capnord argues that the indictment was defective, because it failed to inform him as to which of three statutory definitions of murder the State intended to charge. A murder indictment containing nothing more than the statutory charging language is valid. Capnord also argues that the indictment is defective because Leflore County is composed of two separate judicial districts and the indictment fails to specify in which district the crime was committed. There is no factual basis for such a claim. Leflore County is not composed of two separate judicial districts for the holding of circuit and chancery court. Capnord also argues that he received ineffective assistance of counsel, because his counsel failed to demur or otherwise interpose an appropriate objection to the fatally-flawed indictment and he told Capnord that he would only be sentenced to ten years. The indictment was not flawed. With regard to his other claim, he has raised it for the first time on appeal and it is procedurally barred. |
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