Cullens v. State


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Docket Number: 2007-KA-00854-COA
Court of Appeals: Opinion Link
Opinion Date: 09-23-2008
Opinion Author: Carlton, J.
Holding: Affirmed
Additional Case Information: Topic: Personal injury - Subject matter jurisdiction - Section 13-3-57 - In personam jurisdiction - Waiver of service of process - M.R.C.P. 12(g) - M.R.C.P. 12(h)(1) - Amendment of complaint - M.R.C.P. 15(a)
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, and Roberts, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY
Trial Court: Date of Trial Judgment: 02-09-2007
Appealed from: LEE COUNTY CIRCUIT COURT
Judge: Paul S. Funderburk
Disposition: CONVICTED OF COUNT I, KIDNAPPING, AND SENTENCED TO TWENTY YEARS, AND COUNT II, AGGRAVATED ASSAULT, AND SENTENCED TO TWENTY YEARS, WITH SENTENCES TO RUN CONCURRENTLY AND WITH FIVE YEARS SUSPENDED FOR EACH COUNT, ALL IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
District Attorney: John Richard Young
Case Number: CR05-586
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: RAY CULLENS




 W. DANIEL HINCHCLIFF, LESLIE S. LEE



  
  • Appellant #1 Brief
    		•
    Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  
    Synopsis provided by:

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    Topic: Personal injury - Subject matter jurisdiction - Section 13-3-57 - In personam jurisdiction - Waiver of service of process - M.R.C.P. 12(g) - M.R.C.P. 12(h)(1) - Amendment of complaint - M.R.C.P. 15(a)
    Summary of the Facts: Ray Cullens was convicted of kidnapping and aggravated assault. He was sentenced to twenty years on each count, with five years suspended, and the sentences to be served concurrently. He appeals.
    Summary of Opinion Analysis: Cullens’ counsel stated in his brief, in accordance with Lindsey v. State, 939 So. 2d 743 (Miss. 2005), that he had diligently searched the procedural and factual history of the case and scoured the record, but he was unable to find any arguable issue to present to the Court. The Court has reviewed the record carefully and finds no arguable issue to warrant reversal of Cullens’ conviction.


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