Hill v. State
| Docket Number: | 2005-CP-01367-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-24-2006 Opinion Author: Roberts, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Lack of argument - M.R.A.P. 28(a)(6) - Lack of record - Sworn affidavits - Section 99-39-9(1)(e) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 05-31-2005 Appealed from: Harrison County Circuit Court Judge: Jerry O. Terry, Sr. Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. Case Number: A2402-2005-0034 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Stanley Hill |
STANLEY HILL (PRO SE) |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOSE BENJAMIN SIMO |
|
|
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 - Lack of argument - M.R.A.P. 28(a)(6) - Lack of record - Sworn affidavits - Section 99-39-9(1)(e) |
| Summary of the Facts: | Stanley Hill pled guilty to manslaughter and was sentenced to fifteen years. Hill filed a motion for post-conviction collateral relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Hill listed four issues in his brief, but he failed to elaborate on his point. The deficiencies in Hill’s brief fall beyond mere inartful drafting. Not only is there no argument, as required by M.R.A.P. 28(a)(6), there is likewise no citation to any authority. What is more, the record is also insufficient. Hill failed to include a transcript of his guilty plea hearing among the record. Finally, no sworn affidavits accompanied Hill’s motion for post-conviction relief as required by section 99-39-9(1)(e). Therefore, there is no error in the circuit court’s decision to overrule Hill’s motion for post-conviction collateral relief. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
