Medlock v. State
Docket Number: | 2009-CP-01613-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 12-14-2010 Opinion Author: Ishee, J. Holding: Affirmed. |
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Additional Case Information: |
Topic: Post-conviction relief - Evidentiary hearing - Speedy trial - Voluntariness of plea Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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Trial Court: |
Date of Trial Judgment: 09-14-2009 Appealed from: TATE COUNTY CIRCUIT COURT Judge: James McClure, III Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: CV2009-0258MT |
Party Name: | Attorney Name: | |||
Appellant: | Sedric Medlock |
PRO SE |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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 - Speedy trial - Voluntariness of plea |
Summary of the Facts: | Sedric Medlock pled guilty to sale of a controlled substance and possession of a firearm as a convicted felon. Medlock timely filed a motion for post-conviction relief which the court dismissed. Medlock appeals. |
Summary of Opinion Analysis: | Issue 1: Evidentiary hearing Medlock argues that he was entitled to an evidentiary hearing. A post-conviction claim for relief is properly dismissed without the benefit of an evidentiary hearing where it is manifestly without merit. Medlock alleged that: he was denied his constitutional right to a speedy trial; his plea was entered involuntarily; and he received ineffective assistance of counsel. The record shows that the circuit court correctly found that Medlock's PCR motion was “overwhelmingly belied by unimpeachable documentary evidence in the record.” Thus, Medlock was not entitled to an evidentiary hearing. Issue 2: Speedy trial Medlock argues that he was denied his constitutional right to a speedy trial because his guilty plea occurred 281 days after he was arrested. With the entry of Medlock’s guilty plea, Medlock waived any speedy-trial violations. Issue 3: Voluntariness of plea Medlock argues that he involuntarily entered his guilty plea. There is no support in the record for Medlock'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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