Legal Opinion · Concurring in part, dissenting in part

Jessie Earl White v. State of Mississippi

Court of Appeals of Mississippi

Decided January 27, 2015No. 2013-CP-01323-COAPublished

1Concurring in part, dissenting in partJames, J.

¶ 14. On appeal, White raises the issue of whether the trial court, sitting without a jury, was authorized to impose a life sentence. I agree with the majority opinion that the court was authorized to impose a life sentence, but I respectfully disagree with the majority opinion that the mere assertion of a constitutional-right violation is sufficient to overcome the procedural bars. “This court will affirm the summary dismissal of a PCR motion if the movant fails to demonstrate a claim procedurally alive substantially showing the denial of a state or federal right.” Hughes v. State, 106 So.3d…

2Cases cited5 opinions

  1. Hughes v. StateCourt of Appeals of Mississippi · 2012
  2. Donald Keith Smith v. State of MississippiMississippi Supreme Court · 2014
  3. Evans v. StateCourt of Appeals of Mississippi · 2013
  4. Brown v. StateCourt of Appeals of Mississippi · 2012
  5. Taylor v. StateCourt of Appeals of Mississippi · 2013

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