Barnes v. State
| Docket Number: | 2005-CP-01684-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-19-2006 Opinion Author: Roberts, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Voluntariness of plea - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes and Ishee, JJ. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: CIVIL - POST - CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 07-21-2005 Appealed from: Pike County Circuit Court Judge: Mike Smith Disposition: DENIED MOTION FOR POST- CONVICTION RELIEF Case Number: 05-182-PKS |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Robin D. Barnes |
ROBIN D. BARNES (PRO SE) |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. DANIEL HINCHCLIFF |
|
|
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 - Voluntariness of plea - Ineffective assistance of counsel |
| Summary of the Facts: | Robin Barnes pled guilty to burglary of a dwelling. He was sentenced to twenty-five years, with eight to serve. Barnes filed a motion for change of plea, arguing that his guilty plea was not voluntarily given and that he received ineffective of counsel. The court denied the motion, and Barnes appeals. |
| Summary of Opinion Analysis: | Barnes failed to provide affidavits of those who would testify to the assertions he made within his brief on appeal. Additionally, he failed to provide his own affidavit, as required by statute. Notwithstanding this deficiency, the record was amended with transcripts of Barnes’s plea hearing and sentencing hearing and a review of those proceedings revealed that Barnes received the benefit of his alleged bargain. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
