Blackmore v. State
Docket Number: | 2007-CP-01373-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 07-22-2008 Opinion Author: MYERS, P.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Post-conviction relief - Evidentiary hearing - Voluntariness of plea Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ., Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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Trial Court: |
Date of Trial Judgment: 07-25-2007 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Isadore Patrick Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 07,0174-CI |
Party Name: | Attorney Name: | |||
Appellant: | ALONZO DERELL BLACKMORE |
ALONZO DERELL BLACKMORE (PRO SE) |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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. |
Topic: | Post-conviction relief - Evidentiary hearing - Voluntariness of plea |
Summary of the Facts: | Alonzo Blackmore filed a motion for post-conviction relief which was denied. He appeals. |
Summary of Opinion Analysis: | Issue 1: Evidentiary hearing Blackmore argues that he was entitled to an evidentiary hearing on his motion for post conviction relief. A post-conviction claim for relief is properly dismissed without the benefit of an evidentiary hearing where it is manifestly without merit. Blackmore’s motion failed to state any actionable claim. Therefore, he was not entitled to an evidentiary hearing. Issue 2: Voluntariness of plea Blackmore argues that he involuntarily entered his guilty plea to culpable-negligence manslaughter. There is no support in the record for Blackmore’s allegation that he did not knowingly enter the guilty plea, nor is there any indication in the record that he was denied effective assistance of counsel. |
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