Randall v. State
Docket Number: | 2006-CA-00950-COA Linked Case(s): 2006-CA-00950-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 02-19-2008 Opinion Author: MYERS, P.J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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. |
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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