Townsend v. State
| Docket Number: | 2003-CP-02015-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-02-2004 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Evidentiary hearing Judge(s) Concurring: King, C.J., Bridges, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 08-28-2003 Appealed from: Scott County Circuit Court Judge: Marcus D. Gordon Disposition: POST-CONVICTION RELIEF DENIED District Attorney: Mark Sheldon Duncan Case Number: 4466 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Willie Charles Townsend |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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 - Evidentiary hearing |
| Summary of the Facts: | In June 1993, Willie Townsend was convicted of armed robbery. In October of that same year, Townsend was convicted another armed robbery. Townsend appealed both of his convictions, and the Court of Appeals affirmed the convictions without published opinion. Townsend filed an application seeking leave to pursue post-conviction relief in the trial court. The Supreme Court filed an order noting that Townsend failed to make a substantial showing that he was denied a state or federal right. Townsend once again applied for leave to pursue post-conviction relief, and the Supreme Court granted Townsend's motion. Townsend filed his petition for post-conviction relief in the trial court. The court denied the motion, and Townsend appeals. |
| Summary of Opinion Analysis: | Townsend argues that the court erred in denying his petition without the benefit of a hearing. Leave to proceed in the trial court does not automatically grant the petitioner a hearing, but the court has the authority to render an opinion with or without an evidentiary hearing. Here, the court did not err in denying Townsend's petition upon finding that his claims lacked merit. |
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