Farris v. State
| Docket Number: | 2003-CP-01025-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-31-2004 Opinion Author: Bridges, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Voluntariness of plea - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): Barnes, J. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 04-16-2003 Appealed from: Lee County Circuit Court Judge: Thomas J. Gardner Disposition: PCR MOTION DISMISSED AS TIME BARRED District Attorney: John Richard Young Case Number: CV02-160(G)L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Steven R. Farris |
PRO SE
EDMUND J. PHILLIPS
ROBERT N. BROOKS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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 - Time bar - Voluntariness of plea - Ineffective assistance of counsel |
| Summary of the Facts: | Steven Farris pled guilty to capital murder. His second petition for post-conviction relief was denied as untimely filed. He appeals. |
| Summary of Opinion Analysis: | Farris' motion is time barred as it does not fall within the statutory three year time limitation. With regard to his contention that his fear of the death penalty led him to plead guilty, a valid, fact-based fear of the death penalty is a legitimate consideration in deciding whether or not to seek or accept a plea bargain. Although he argues that his plea was not valid because he did not understand the trial process, he fails to supply any specific facts or legal argument to support this claim. Although Farris argues that he was denied effective assistance of counsel, he stated under oath that his attorneys properly advised him concerning his constitutional rights and the consequences of pleading guilty. |
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