Gardner v. State
Docket Number: | 2009-CP-01999-COA Linked Case(s): 2009-CT-01999-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 03-15-2011 Opinion Author: Ishee, J. Holding: Affirmed. |
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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 |
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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 |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND |
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 - 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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