Gray v. State
| Docket Number: | 2002-CA-00826-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-12-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Griffis, JJ. Non Participating Judge(s): Chandler, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 04-18-2002 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: POST-CONVICTION RELIEF IS HEREBY - DENIED. District Attorney: Forrest Allgood Case Number: 2001-0093-CV1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Rodney Gray |
MOSE LEE SUDDUTH |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Ineffective assistance of counsel |
| Summary of the Facts: | Rodney Gray pled guilty to the sale of cocaine and was sentenced to eight years. He filed a petition for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Gray argues that his counsel misrepresented to him that he would receive a suspended sentence if he pled guilty. To prevail on a claim of ineffective assistance of counsel, he must show his attorney’s conduct was deficient and prejudicial. Gray offers no evidence that he was misled other than his summary assertions, and Gray’s counsel emphatically contradicted Gray. Gray also claims his attorney failed to present any mitigative evidence during his sentencing hearing. However, Gray has not presented any mitigative evidence that his counsel failed to present. |
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