Deloach v. State
| Docket Number: | 2005-CP-01067-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-19-2006 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Sufficiency of indictment Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 05-05-2005 Appealed from: Oktibbeha County Circuit Court Judge: Lee J. Howard Disposition: POST-CONVICTION RELIEF DISMISSED Case Number: 2005-0126-CV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael Deloach a/k/a Michael De'Loach a/k/a Michael Tyrone DeLoach |
MICHAEL DELOACH (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOSE BENJAMIN SIMO |
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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. |
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| Topic: | Post-conviction relief - Ineffective assistance of counsel - Sufficiency of indictment |
| Summary of the Facts: | Michael Deloach filed a motion for post-conviction relief pertaining to his conviction of the sale of cocaine. The court denied the motion, and Deloach appeals. |
| Summary of Opinion Analysis: | Issue 1: Ineffective assistance of counsel Deloach argues that he received ineffective assistance of counsel because counsel did not request discovery or investigate the background of the police informant. Deloach made no showing beyond mere allegations that the informant had a criminal record which counsel failed to discover. Deloach has also failed to show that he would not have pled guilty but for a failure by counsel to discover the informant's criminal record. Issue 2: Sufficiency of indictment Deloach argues that the indictment was invalid because it failed to state an essential element of the crime, specifically, the quantity of cocaine sold by Deloach. The quantity of cocaine sold is not an essential element of the crime of sale of cocaine under section 41-29-139(a). |
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