Neal v. State
| Docket Number: | 2003-CP-00049-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-03-2004 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Amendment of indictment - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-04-2003 Appealed from: Oktibbeha County Circuit Court Judge: Lee J. Howard Disposition: POST-CONVICTION RELIEF MOTION DENIED District Attorney: Forrest Allgood Case Number: 2002-0264-CV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Vernon Neal a/k/a Vernon Riley v. State of Mississippi |
PRO SE |
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| Appellee: | Vernon Neal a/k/a Vernon Riley v. State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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 - Amendment of indictment - Ineffective assistance of counsel |
| Summary of the Facts: | Vernon Neal pled guilty to one count of the sale of a controlled substance and was sentenced to ten years. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Neal argues that his name was wrong on the indictment and that his attorney was deficient in failing to correct the indictment in a timely manner. An indictment may only be amended at trial if the amendment is immaterial to the merits of the case and the defense will not be prejudiced by the amendment. At no point does Neal state that the wrong person was indicted. In fact, Neal included his birth certificate showing his birth name as "Riley," but he continues to sign his briefs "Vernon Neal." The trial judge did not err in allowing the indictment to be amended during Neal's plea colloquy. As Neal does not claim that he was wrongfully indicted, his attorney cannot have rendered ineffective assistance of counsel. |
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