Gardner v. State


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Docket Number: 2009-CP-01999-COA
Linked Case(s): 2009-CT-01999-SCT

Court of Appeals: Opinion Link
Opinion Date: 03-15-2011
Opinion Author: Ishee, J.
Holding: Affirmed.

Additional Case Information: Topic: Post-conviction relief - Jurisdiction - Interstate Agreement on Detainers Act
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton and Maxwell, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 12-03-2009
Appealed from: Lowndes County Circuit Court
Judge: Lee. J. Howard
Disposition: Motion for Post-Conviction Relief Denied
Case Number: 2009-0096-CV1

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Arthur Gardner




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND  

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Topic: Post-conviction relief - Jurisdiction - Interstate Agreement on Detainers Act

Summary of the Facts: Arthur Gardner pled guilty to one count of sale of cocaine and, under a separate indictment, to one count of possession of marijuana. The circuit court sentenced him to seven years for each count. Gardner filed a motion for post-conviction relief which was summarily denied. He appeals.

Summary of Opinion Analysis: Gardner argues that the circuit court lacked jurisdiction to accept his guilty pleas because his multiple transports to and from a federal institute regarding state charges violated the Interstate Agreement on Detainers Act. While most states have become parties to the IAD, to date, Mississippi has not. Accordingly, the provisions of the IAD are not applicable to Mississippi.


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