Jessie Earl White v. State of Mississippi
Court of Appeals of Mississippi
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
- Hughes v. StateCourt of Appeals of Mississippi · 2012
- Donald Keith Smith v. State of MississippiMississippi Supreme Court · 2014
- Evans v. StateCourt of Appeals of Mississippi · 2013
- Brown v. StateCourt of Appeals of Mississippi · 2012
- Taylor v. StateCourt of Appeals of Mississippi · 2013