Bradley v. State


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Docket Number: 2009-KA-01948-SCT
Linked Case(s): 2009-KA-01948-SCT

Supreme Court: Opinion Link
Opinion Date: 03-31-2011
Opinion Author: Randolph, J.
Holding: Affirmed.

Additional Case Information: Topic: Third-offense felony shoplifting - Waiver of right to counsel - URCCC 8.05
Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ.
Procedural History: Jury Trial
Nature of the Case: CRIMINAL - FELONY

Trial Court: Date of Trial Judgment: 11-13-2009
Appealed from: Lowndes County Circuit Court
Judge: James T. Kitchens, Jr.
Disposition: Following Bradley's unsuccessful efforts to exonertate himself, he was convicted and sentenced to five years imprisonment in the custody of the MDOC. After the denial of his post-trial motions, Bradley filed notice of appeal.
District Attorney: Forrest Allgood
Case Number: 2008-0543-CR1

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Reginald Deshawn Bradley




OFFICE OF INDIGENT APPEALS: JUSTIN TAYLOR COOK, LESLIE S. LEE



 
  • Appellant #1 Brief

  • Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY, JR.  

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    Topic: Third-offense felony shoplifting - Waiver of right to counsel - URCCC 8.05

    Summary of the Facts: Reginald Bradley was convicted of third-offense felony shoplifting and was sentenced to five years. He appeals.

    Summary of Opinion Analysis: Bradley argues that the circuit court erred in allowing him to represent himself; in failing to inform properly him of his right to counsel; and in failing to obtain a knowing and voluntary waiver of his right to counsel. The record shows that Bradley knew that he had a right to counsel, as counsel had been appointed to represent him. Furthermore, Bradley knew that his court-appointed counsel was representing him both before and after Bradley elected to manage his own defense, expressly agreeing to counsel’s continued assistance, by stating, “I don’t mind him just being there, being a standby counsel . . . .” Finally, the trial transcript validates the circuit court’s compliance with the law and URCCC 8.05. Bradley made a knowing and intelligent waiver of his Sixth Amendment right to assistance of counsel.


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