Kemp v. State
| Docket Number: | 2003-CP-01627-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-19-2004 Opinion Author: King, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Request for copies of records Judge(s) Concurring: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Guilty Plea Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 07-02-2003 Appealed from: Oktibbeha County Circuit Court Judge: Lee J. Howard Disposition: PETITION DISMISSED AS FRIVOLOUS. District Attorney: Forrest Allgood Case Number: 2002-0518-CV |
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| Party Name: | Attorney Name: | |||
| Appellant: | John Kemp |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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 - Request for copies of records |
| Summary of the Facts: | John Kemp pled guilty to two counts of the sale of cocaine. He was sentenced to ten years on count one and ten years on count two. Kemp filed a motion to correct sentence, a motion to withdraw guilty plea, and a motion for discovery, court records, and trial transcripts. The judge entered an order denying Kemp's motion to correct sentence and his motion to withdraw guilty plea. The judge also entered an order denying Kemp's motion for production of records. Kemp then sent a letter, along with an affidavit of poverty, to the circuit clerk requesting free copies of records including a copy of the indictment, the petition to enter a guilty plea, the sentencing orders, and the commitment order. The judge denied that request, and Kemp appeals. |
| Summary of Opinion Analysis: | Kemp argues that the court incorrectly treated his request for copies of records as a request for post-conviction relief and erred by denying his request for copies of certain records. A prisoner filing a proper motion, and whose motion has withstood summary dismissal pursuant to section 99-39-11(2), may be entitled to trial transcripts or other relevant documents if good cause is shown and in the discretion of the trial judge. A prisoner does not have the right to initiate or proceed with an independent, original action for free documents where he is not pleased with the trial judge's ruling. The state is not required to furnish documents free of charge where a defendant merely wishes to conduct a fishing expedition for grounds upon which to attack the conviction and sentence. Kemp requested the documents in an effort to reduce his sentence from two separate ten-year sentences to concurrent ten-year sentences. Therefore, this issue is without merit. |
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