Randall v. State


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Docket Number: 2006-CA-00950-COA
Linked Case(s): 2006-CA-00950-COA

Court of Appeals: Opinion Link
Opinion Date: 02-19-2008
Opinion Author: MYERS, P.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Amendment of sentencing statute - Section 97-3-21
Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: Dismissal; PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 11-03-2006
Appealed from: Harrison County Circuit Court
Judge: Roger T. Clark
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: A2402-2005-101

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: ARMON ANDRE RANDALL




JOHN H. WHITFIELD



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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    Topic: Post-conviction relief - Amendment of sentencing statute - Section 97-3-21

    Summary of the Facts: In May 2002, Armon Randall pled guilty to capital murder and was sentenced to life without parole. In July 2005, Randall filed his motion for post-conviction collateral relief to vacate and set aside his conviction and sentence based upon an illegal sentence which was denied as untimely. He appeals.

    Summary of Opinion Analysis: Randall argues that his sentence of life without parole violates his fundamental constitutional rights because the sentence is harsher than the available sentence at the time the crime was committed. The statute in effect at the time of Randall’s crime provided two options for sentencing in a capital murder conviction: death and life imprisonment. However, by the time Randall went to trial, section 97-3-21 was amended to provide an additional sentencing option for a capital murder conviction, life imprisonment without parole. In amending the statute, the Mississippi Legislature made clear that “[t]he provisions of this act shall apply to any case in which pre-trial, trial or resentencing proceedings take place after July 1, 1994.” The Supreme Court has held that the imposition of the new sentencing option of life without parole did not violate the prohibition against ex post facto laws.


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