Burns v. State
| Docket Number: | 2007-CA-00414-COA Linked Case(s): 2007-CA-00414-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-22-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal search Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Dismissal; PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 01-26-2007 Appealed from: PRENTISS COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: CV06-251G |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | TERRY BURNS A/K/A TERRY W. BURNS |
JASON LEE SHELTON |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND | ||
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 - Illegal search |
| Summary of the Facts: | Terry Burns pled guilty to the sale of hydromorphone. He was sentenced to twenty years with eight years suspended. Burns filed a petition for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Burns argues that his motion for post-conviction relief was improperly dismissed because the arresting officers conducted an illegal, warrantless search of his vehicle and subsequently, an illegal search of his home. By entering a plea of guilty to the sale of hydromorphone, Burns waived his right to challenge the State’s evidence. |
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