Edwards v. State
| Docket Number: | 2007-CP-00760-COA Linked Case(s): 2007-CP-00760-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-12-2008 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Waiver of indictment - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: Dismissal; PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 05-25-2007 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED Case Number: C106-0239 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DONALD RAY EDWARDS |
DONALD RAY EDWARDS (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE | ||
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 - Waiver of indictment - Ineffective assistance of counsel |
| Summary of the Facts: | Donald Edwards pled guilty to the crime of burglary. He was sentenced as a habitual offender and ordered to serve seven years. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Edwards argues that his conviction for burglary was unconstitutional under Article 3, section 27 of the Mississippi Constitution because he was not indicted by a grand jury for the crime of burglary. Edwards, represented by counsel, executed a sworn waiver of indictment to the charge of burglary brought against him by criminal information. Therefore, he waived his right to be indicted by a grand jury on the charge of burglary. Edwards makes numerous assertions regarding his attorney’s performance, all of which he claims amounted to ineffective assistance of counsel. Post-conviction claims of ineffective assistance are properly dismissed where the defendant offers only his affidavit in support of his allegations. Edwards offered only his bare assertions as proof that he was denied effective assistance of counsel; he provided no affidavits or proposed testimony of other witnesses to support his contentions. Therefore, the trial judge did not err in summarily dismissing Edwards’s claim of ineffective assistance of counsel. |
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