Gray v. State
| Docket Number: | 2007-CA-00160-COA Linked Case(s): 2007-CA-00160-COA ; 2007-CT-00160-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-25-2008 Opinion Author: ISHEE, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, 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: 09-18-2006 Appealed from: Bolivar County Circuit Court Judge: Al Smith Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2004-0116 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MAURICE GRAY |
ROBERT SNEED LAHER,
JEFFREY LYNN ELLIS |
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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. |
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| Topic: | Post-conviction relief - Ineffective assistance of counsel |
| Summary of the Facts: | Maurice Gray was convicted of murder and aggravated assault. Gray was sentenced to life imprisonment for the murder charge and twenty years’ imprisonment for the aggravated assault charge. His convictions and sentences were affirmed on appeal. Gray filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Gray argues that he was denied effective assistance of counsel, because his trial counsel failed to adequately prepare his defense, file a motion for change of venue, raise a timely Batson challenge during jury selection, and make proper objections during trial and preserve his right to appeal when filing post-trial motions. The record indicates that his attorney thoroughly investigated the case and was adequately prepared for trial. While testifying at the evidentiary hearing, the attorney explained that the decisions he made while representing Gray were strategic. His testimony is supported by the record, which shows that he filed a motion for discovery and made numerous objections to matters throughout the trial. |
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