Turner v. State
| Docket Number: | 2010-CP-00601-COA Linked Case(s): 2010-CP-00601-COA ; 2010-CT-00601-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 06-14-2011 Opinion Author: Irving, P.J. Holding: Affirmed. |
|
| Additional Case Information: |
Topic: Post-conviction relief - Revocation of post-release supervision - Factual basis Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. Procedural History: PCR Nature of the Case: PCR |
|
| Trial Court: |
Date of Trial Judgment: 03-26-2010 Appealed from: Chickasaw County Circuit Court Judge: Andrew K. Howorth Disposition: Denied Motion for Post-Conviction Relief Case Number: H10-051H |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Eric Turner |
PRO SE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
|
|
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 - Revocation of post-release supervision - Factual basis |
| Summary of the Facts: | Eric Turner filed a motion for post-conviction relief after his post-release supervision was revoked. The court denied the motion, and Turner appeals. |
| Summary of Opinion Analysis: | Turner argues that the circuit court erred because the State failed to prove that Turner committed the acts that were delineated in the petition to revoke his post-release supervision, i.e., that he had possession of a firearm. Turner presented a string of witnesses, most of whom were related to or friends with him. The essence of the witnesses’ statements was that none of them had observed Jefferson at the victim’s grandmother’s house, the location of the alleged shooting, on the day in question. However, the victim testified that Turner shot him although he was unsure as to why. The mere fact that Turner presented the testimonies of multiple witnesses does not serve to invalidate the victim’s contradictory testimony. Turner also complains that the circuit court did not provide a written statement as to the evidence relied on and reasons for revoking his post-release supervision and suspended sentence. From the record, it is clear that the circuit court based its factual findings on the testimonies provided by the various witnesses. The circuit court consequently met its obligation of informing Turner regarding the factual basis for the revocation. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
