Knight v. State
| Docket Number: | 2006-CP-00165-COA Linked Case(s): 2006-CP-00165-COA ; 2006-CT-00165-SCT |
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| Court of Appeals: |
Opinion Date: 10-31-2006 Opinion Author: Southwick, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Breach of plea agreement - Ineffective assistance of counsel - Evidentiary hearing Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 01-04-2006 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Case Number: A2401-2004-00404 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Armstrong Knight a/k/a Armstrong Jacob Knight |
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| Appellee: | State of Mississippi |
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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. |
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| Topic: | Post-conviction relief - Breach of plea agreement - Ineffective assistance of counsel - Evidentiary hearing |
| Summary of the Facts: | Armstrong Knight pled guilty to manslaughter and three counts of possession of firearms by a felon. He was sentenced a total of thirty years in prison, which was twenty years on the manslaughter charge and ten years for the three firearms charges. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Breach of plea agreement Knight argues that his plea agreement was breached when the State failed to return certain personal property valued at $7,100 to his brother. However, there is no proof that the recommendation was not honored. Defense counsel mentioned the issue of the personal property to the trial judge during sentencing, and the State did nothing at the hearing to undermine the defense effort to have the property returned. If Knight or his family believe the county or other authorities have retained property that should be delivered to them, there are means to seek its return. Issue 2: Ineffective assistance of counsel Knight argues that he received ineffective assistance of counsel. However, he made no complaints about the effectiveness of counsel at his sentencing hearing. He has also failed to demonstrate that his counsel failed to perform at the constitutional minimum. Issue 3: Evidentiary hearing Knight argues that the court erred by failing to give him an evidentiary hearing on his post-conviction relief motion. An evidentiary hearing is not required where it appears beyond doubt that the petitioner can prove no set of facts in support of his claim which would entitle him to relief. There is nothing in the errors alleged to justify the withdrawal of Knightâs plea or any alteration in his sentence. |
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