Hill v. State
| Docket Number: | 2002-CA-00447-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 07-22-2003 Opinion Author: King, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-01-2002 Appealed from: DeSoto County Circuit Court Judge: George B. Ready Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED District Attorney: John W. Champion Case Number: CV2002-25RD |
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| Party Name: | Attorney Name: | |||
| Appellant: | James T. Hill, Jr. |
SIDNEY FRANKLIN BECK |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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: | James Hill pled guilty to a charge of aggravated assault and was sentenced to twenty years, with twelve years suspended and eight years to serve. He filed a petition for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Hill argues that the court erred by denying his petition for post-conviction collateral relief. Hill bears the responsibility of offering proof of facts to support his claim. A review of the record shows that Hill has failed to provide proof to support his claim. Hill also argues that he did not receive effective assistance of counsel, because he wanted to go to trial and that he advised his attorney of this. To prove his claim, he must show his attorney’s conduct was deficient and prejudicial. The transcript of the plea hearing shows that Hill told the judge that he did not want to go to trial. Hill was given the opportunity to present his case and present any complaints regarding his attorney's advice. He not only declined to do so, but affirmatively expressed satisfaction with the representation of his attorney. |
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