Austin v. State
| Docket Number: | 2005-CA-01120-COA Linked Case(s): 2005-CA-01120-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-08-2008 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Mental condition Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Dismissal; PCR; Motion for Rehearing Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 05-10-2005 Appealed from: Harrison County Circuit Court Judge: Kosta N. Vlahos Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: A2401-05-00076 |
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| Note: | The Court’s original opinion is withdrawn, and this modified opinion is substituted in lieu thereof. MOTION FOR REHEARING FILED: 10/11/2006: DENIED; AFFIRMED: 01/08/2008 | |
| Party Name: | Attorney Name: | |||
| Appellant: | NE-COLE ROMA AUSTIN |
THOMAS E. PAYNE |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOSE BENJAMIN SIMO |
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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 - Ineffective assistance of counsel - Mental condition |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is substituted for the original opinion. Ne-Cole Roma Austin pled guilty to felony child abuse and was sentenced to fifteen years. Eight months after her guilty plea and sentence, her new attorney referred Austin to Biloxi clinical psychologist for an evaluation. Based upon this interview, the psychologist opined that Austin suffered from “diminished capacity” at the time she injured her infant. Austin, acting through different counsel from her trial counsel, filed a motion for post-conviction collateral relief. She asked that her sentence be reduced due to her illness and incapacity. The court dismissed her motion. Austin appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Austin concedes that the ineffective counsel claim was not raised with the court below. Therefore, this suggestion of error is procedurally barred. Issue 2: Mental condition Austin argues that the trial court erred when it failed to consider her mental condition as a mitigating factor when sentencing her. The purpose of a post-conviction proceeding is to bring forth facts to the trial court which were not known at the time of the judgment. The proceeding is limited to those facts and matters which could not or should not have been brought at trial or on direct appeal. While evidence of Austin’s mental state at the time of the crime is material, Austin’s argument must fail because she has not shown that the evidence was unavailable nor that it could not have been discovered through due diligence before trial. |
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