Austin v. State
Docket Number: | 2005-CA-01120-COA Linked Case(s): 2005-CA-01120-COA |
|
Court of Appeals: |
Opinion Date: 09-26-2006 Opinion Author: Barnes, J. Holding: Affirmed |
|
Additional Case Information: |
Topic: Post-conviction relief - Procedural bar Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
Trial Court: |
Date of Trial Judgment: 05-10-2005 Appealed from: Harrison County Circuit Court Judge: Kosta N. Vlahos Disposition: Dismissed the motion for post-conviction collateral relief Case Number: A2401-05-00076 |
Party Name: | Attorney Name: | |||
Appellant: | Ne-Cole Roma Austin |
|||
Appellee: | State of Mississippi |
|
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 - Procedural bar |
Summary of the Facts: | Ne-Cole Roma Austin pled guilty to felony child abuse and was sentenced to fifteen years. She filed a motion for post-conviction relief in which she asserted that her sentence was disproportionate to other sentences handed down for the same or similar crimes. The court dismissed her motion. She appeals. |
Summary of Opinion Analysis: | On appeal, Austin has abandoned the claim that her sentence was disproportionate, and instead argues that she received ineffective assistance of counsel and that the court erred when it did not consider her mental state as a mitigating factor in sentencing. As the trial court was not given an opportunity to rule on these issues, they are procedurally barred. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court