Graham v. State


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Docket Number: 2007-CT-01576-SCT
Linked Case(s): 2007-CP-01576-COA ; 2007-CP-01576-COA ; 2007-CP-01576-COA ; 2007-CP-01576-COA ; 2007-CT-01576-SCT

Supreme Court: Opinion Link
Opinion Date: 04-12-2012
Opinion Author: Pierce, J.
Holding: Court of Appeals vacated; Circuit Court Reversed and Remanded.

Court of Appeals: Opinion Link
Opinion Date: 03-09-2010
Opinion Author: Barnes, J.

Additional Case Information: Topic: Post-conviction relief - Appellate jurisdiction - Collateral attack of guilty plea
Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens and Chandler, JJ.
Non Participating Judge(s): King, J.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 08-20-2007
Appealed from: Jones County Circuit Court
Judge: Billy Joe Landrum
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: 2007-83-CV7

Note: The Supreme court found that the Court of Appeals should have remanded this matter to the circuit court for further consideration on the merits of Graham’s motion. The original Court of Appeals' opinion can be found at http://www.mssc.state.ms.us/Images/Opinions/CO55128.pdf

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Ladennis Graham




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  

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Topic: Post-conviction relief - Appellate jurisdiction - Collateral attack of guilty plea

Summary of the Facts: Ladennis Graham pled guilty to simple possession of 11.59 grams of cocaine. The court sentenced Graham to sixteen years, with fifteen years to be suspended upon the successful completion of twelve months of house arrest, four years of supervised post-release supervision, and completion of the Circuit Court Community Service Program. While Graham was on house arrest, MDOC determined that Graham had violated the conditions of his suspended sentence when he was arrested at his brother’s house during the execution of a search warrant, turning up numerous guns and narcotics. Therefore, Graham was required to serve the remainder of his sixteen-year sentence as an inmate. Graham filed a motion for post-conviction collateral relief which the court dismissed. The Court of Appeals found that Graham’s sentence was illegally vague and indeterminate, remanding the case for revocation of Graham’s sentence if the circuit court or State chooses to initiate such a proceeding. The Supreme Court granted certiorari.

Summary of Opinion Analysis: The circuit court incorrectly concluded that Graham’s motion was not seeking post-conviction collateral relief. The circuit court found that Graham had failed to exhaust the administrative remedies provided to him through the offender grievance procedures upon removal from house arrest. A review of Graham’s motion reveals that he clearly was seeking post-conviction collateral relief under the Mississippi Uniform Post-Conviction Collateral Relief Act. Therefore, the Court of Appeals was correct in reversing the circuit court’s ruling that it did not have proper jurisdiction to hear Graham’s motion for post-conviction collateral relief. Yet, after making that determination, the Court of Appeals lacked jurisdiction to rule on the merits of Graham’s motion. There can be no collateral attack of a conviction and sentence to the Court when a guilty plea has been entered by a criminal defendant. When a defendant collaterally attacks a guilty plea, the trial court that sentenced the defendant possesses exclusive, original jurisdiction to hear and determine a petition for post-conviction relief. Because Graham pleaded guilty, he could collaterally attack his conviction only through a motion for post-conviction collateral relief filed in the circuit court. Therefore, the exclusive, original jurisdiction to determine the merits of Graham’s post-conviction-relief petition remained with the circuit court.


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