McGriggs v. State


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Docket Number: 2003-CP-00047-COA
Linked Case(s): 2003-CT-00047-SCT ; 2003-CT-00047-SCT ; 2003-CT-00047-SCT ; 2003-CT-00047-SCT ; 2003-CP-00047-COA
Court of Appeals: Opinion Link
Opinion Date: 10-28-2003
Opinion Author: Bridges, J.
Holding: Affirmed
Additional Case Information: Topic: Post-conviction relief - Plea agreement
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ.
Concurs in Result Only: Irving, J.
Procedural History: PCR
Nature of the Case: PCR
Trial Court: Date of Trial Judgment: 12-20-2002
Appealed from: Copiah County Circuit Court
Judge: Lamar Pickard
Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF IS SUMMARILY DISMISSED.
District Attorney: Alexander C. Martin
Case Number: 2002-0640
  Party Name: Attorney Name:  
Appellant: Jonathan McGriggs




 PRO SE



  
Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS  
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Topic: Post-conviction relief - Plea agreement
Summary of the Facts: Jonathan McGriggs pled guilty to murder and was sentenced to life imprisonment. He filed a motion for post-conviction relief which was dismissed. He appeals.
Summary of Opinion Analysis: McGriggs argues that the district attorney failed to mention the agreement between McGriggs and the district attorney that McGriggs would receive life with parole to the judge during sentencing. The fact that his plea agreement included parole was clearly written on McGriggs’ plea agreement given to the court and was known by both McGriggs and his attorney. Therefore, the additional evidence sought to be used by McGriggs to support his plea for post-conviction relief was reasonably discoverable at the time of trial. In addition, McGriggs’ petition is barred as a successive petition.


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