Boddie v. State
| Docket Number: | 2001-CT-00304-SCT Linked Case(s): 2001-CT-00304-SCT ; 2001-CT-00304-SCT ; 2001-CA-00304-COA |
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| Supreme Court: | Opinion Link Opinion Date: 06-10-2004 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief – Void plea Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Dissenting Author : Graves, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 01-18-2001 Appealed from: Pike County Circuit Court Judge: Keith Starrett Disposition: Denied Appellant's petition for PCR. District Attorney: Dunn Lampton Case Number: 00-048-A |
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| Note: | The supreme court affirmed both the court of appeals and the trial court. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Franklin Rashad Boddie |
J. RONALD PARRISH |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS, JR. |
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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 – Void plea |
| Summary of the Facts: | Franklin Boddie pled guilty to the crime of transfer of cocaine. He filed a petition for post-conviction relief which the court denied. He appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | An evidentiary hearing was held before the trial judge where he ruled that the opinion of a drug user was not sufficient to prove transfer of a controlled substance. Boddie argues that his plea was void due to language used by the court which, in essence, dismissed the charge of transfer of cocaine. The trial court made an evidentiary ruling that the person to whom the drugs were sold could not testify as an expert witness. The trial judge also stated, in his opinion, that if that was the only evidence the State had to present, he did not feel its case would be successful at trial. However, this opinion did not amount to a directed verdict, nor did it amount to a quashed indictment. Boddie also argues that there was no factual basis for the plea. However, Boddie made a statement, which the trial court ruled to be admissible, in which he admitted to the crime alleged in the indictment. |
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