Crowder v. State
Docket Number: | 2002-CP-01433-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 07-15-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel Judge(s) Concurring: King and Southwick, P.JJ., 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: 07-31-2002 Appealed from: Grenada County Circuit Court Judge: Clarence E. Morgan, III Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED. District Attorney: Doug Evans Case Number: 2002-0279-CV-M |
Party Name: | Attorney Name: | |||
Appellant: | Clifford Crowder |
PRO SE |
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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. |
Topic: | Post-conviction relief - Ineffective assistance of counsel |
Summary of the Facts: | Clifford Crowder pled guilty to eight charges against him for sale of cocaine. He filed a motion for post-conviction relief which the court denied. He appeals. |
Summary of Opinion Analysis: | Crowder argues that he received ineffective assistance of counsel in the proceedings leading up to his guilty pleas. However, in his brief, Crowder has changed the underlying basis for his claim to an assertion that defense counsel misled him into believing that he would only be pleading guilty to two counts of sale of cocaine. A litigant cannot, as a general rule, raise issues for the first time on appeal. In addition, the record shows that the petition attached to Crowder’s brief was only one of five petitions executed by Crowder in connection with his guilty pleas. The eight counts to which Crowder entered pleas on that date were contained in five different indictments. Thus, there is no factual basis for Crowder’s untimely assertion. |
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