Traylor v. State
| Docket Number: | 2010-CP-01139-COA Linked Case(s): 2010-CP-01139-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-28-2011 Opinion Author: Irving, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Double jeopardy - Ineffective assistance of counsel Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 06-07-2010 Appealed from: Lee County Circuit Court Judge: James L. Roberts Case Number: CV10-071(R)(L) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Jimmy Traylor |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND | ||
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 - Double jeopardy - Ineffective assistance of counsel |
| Summary of the Facts: | Jimmy Traylor pled guilty to culpable-negligence manslaughter and felonious child abuse. He was sentenced to twenty years for the culpable-negligence-manslaughter charge and forty years for the felonious-child-abuse charge, with five years of post-release supervision. Traylor filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Double jeopardy Traylor argues that his plea upon criminal information to felonious child abuse constitutes double jeopardy. Traylor pled guilty to culpable-negligence manslaughter and felonious child abuse following the death of his three-month-old son. The charges stemmed from two separate and distinct criminal acts–starving his son to death and breaking his son’s femur. Therefore, a double-jeopardy analysis is unnecessary. Double jeopardy protects criminal defendants from being exposed to more than one prosecution for the same offense. It does not protect a defendant against different prosecutions for different offenses. Issue 2: Ineffective assistance of counsel Traylor argues that he received ineffective assistance of counsel because his attorney allowed him to plead guilty to two charges stemming from the same crime. Traylor was not subjected to double jeopardy; therefore, his argument is without merit. |
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