Glass v. State


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Docket Number: 2002-CP-01472-COA

Court of Appeals: Opinion Link
Opinion Date: 10-14-2003
Opinion Author: Griffis, J.

Additional Case Information: Topic: Post-conviction relief - Ineffective assistance of counsel - Unconstitutional sentence - Section 97-3-21
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 08-08-2002
Appealed from: Marshall County Circuit Court
Judge: Andrew K. Howorth
Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DENIED.
District Attorney: James M. Hood, III
Case Number: M-02-070

  Party Name: Attorney Name:  
Appellant: Robert Morris Glass




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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Topic: Post-conviction relief - Ineffective assistance of counsel - Unconstitutional sentence - Section 97-3-21

Summary of the Facts: Robert Glass pled guilty to murder and was sentenced to serve the term of remainder of his natural life. Glass filed a motion for post-conviction relief which the court denied. He appeals.

Summary of Opinion Analysis: Issue 1: Ineffective assistance of counsel Glass argues that his counsel misled and coerced him into pleading guilty, because he told Glass that he would receive only ten years if he pled guilty. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. Glass has provided no evidence to support his claim. The supporting affidavits from Glass’s family members only state that the attorney advised Glass that if he went forward with the trial, he would receive the death penalty. Issue 2: Unconstitutional sentence Glass argues that his sentence was excessive and unconstitutional. Section 97-3-21 provides that every person convicted of murder shall be sentenced by the court to life imprisonment. Since the court imposed a sentence within the statutory limitations, the sentence was appropriate.


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