Shanks v. State
| Docket Number: | 2004-CP-00763-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2004 Opinion Author: Barnes, J. Holding: DISMISSED FOR LACK OF APPELLATE JURISDICTION |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 02-11-2004 Appealed from: Claiborne County Circuit Court Judge: Lamar Pickard Disposition: MOTION FOR RECORDS AND TRANSCRIPTS DENIED District Attorney: Alexander C. Martin Case Number: 2003-1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Travis Shanks |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS BILLY L. GORE |
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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 - Jurisdiction |
| Summary of the Facts: | Travis Shanks pled guilty to the charge of murder less than capital and was sentenced to life. Shanks filed a motion with the circuit court to compel the clerk to provide a copy of all pertinent records and transcripts. He filed an Affidavit of Poverty and represented that he was unable to afford any cost or security of said records or transcripts. The court denied his motion, and Shanks appeals. The State filed a motion to dismiss the appeal for lack of jurisdiction. |
| Summary of Opinion Analysis: | A criminal defendant may challenge a trial court proceeding by way of a direct appeal from conviction or by proceeding under the Post Conviction Collateral Relief Act. Since Shanks entered a guilty plea, a direct appeal is not available. In addition, Shanks has not followed the procedures set forth in the Post-Conviction Collateral Relief Act. Therefore, the appeal is dismissed. |
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