Legal Opinion

Calhoun v. State

Mississippi Supreme Court

Decided May 15, 2003No. Nos. 2002-CP-00552-SCT, 2002-CP-00553-SCTPublishedCited by 11 opinions

1Opinion of the Court

WALLER, J., for the Court.

¶ 1. After being charged with capital rape, Robert Calhoun pled guilty to the charge of sexual battery and was sentenced to thirty years imprisonment, with ten suspended.1 He then filed a petition for post-conviction collateral relief drawn up by writ writer Victor Kearley. The Circuit Court of Marion County, Mississippi, summarily dismissed the petition as frivolous and sanctioned both Calhoun and Kearley for filing a frivolous pleading. We find that, while one issue contained in the petition was frivolous, the circuit court should have addressed the merits of the…

2Cases cited16 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. HarrissSupreme Court of the United States · 1954
  3. Papachristou v. City of JacksonvilleSupreme Court of the United States · 1972
  4. Colautti v. FranklinSupreme Court of the United States · 1979
  5. Evans v. StateMississippi Supreme Court · 1997

11 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Chapell v. StateCourt of Appeals of Mississippi · 2012
  2. Bobby E. Wilson, Jr. a/k/a Bobby Earl Wilson v. State of MississippiMississippi Supreme Court · 2020
  3. Bobby K. Barnett a/k/a Bobby Keith Barnett v. State of MississippiMississippi Supreme Court · 2020
  4. Kevin Terrence Davis v. State of MississippiMississippi Supreme Court · 2020
  5. Manual Cooper a/k/a Manuel Cooper v. State of MississippiMississippi Supreme Court · 2020

6 more not listed; retrieve them via the Exa API.

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