Hooks v. State


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Docket Number: 2008-CP-01448-COA
Court of Appeals: Opinion Link
Opinion Date: 11-24-2009
Opinion Author: IRVING, J.
Holding: AFFIRMED
Additional Case Information: Topic: Post-conviction relief - Successive writ
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., GRIFFIS, BARNES, ISHEE, ROBERTS, CARLTON AND MAXWELL, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF
Trial Court: Date of Trial Judgment: 08-19-2008
Appealed from: LINCOLN COUNTY CIRCUIT COURT
Judge: David H. Strong
Disposition: DENIED MOTION FOR POST-CONVICTION RELIEF
Case Number: 2008-019-LS
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: RODERICK HOOKS A/K/A RODERICK D. HOOKS




 RODERICK HOOKS (PRO SE)



  
  • Appellant #1 Brief
    		•
    Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  
    Synopsis provided by:

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    Topic: Post-conviction relief - Successive writ
    Summary of the Facts: Roderick Hooks pled guilty to statutory rape. Four months later, he filed a motion for a reduction of sentence, which was treated by the circuit court as a motion for post-conviction relief and denied. Approximately two years later, Hooks filed a PCR motion, which also was denied. Hooks appeals.
    Summary of Opinion Analysis: Hooks’s motion was properly denied by the circuit court as a successive writ. Although Hooks argues that he had newly-discovered evidence, the court was correct in finding that the two affidavits presented by Hooks do not constitute newly-discovered evidence. Neither consent nor mistake of age is a defense to capital or statutory rape. Hooks is mistaken that having sexual intercourse with a child beneath the age of consent is not statutory rape if the child misled him regarding her age.


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