Austin v. State


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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  

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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.


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