Legal Opinion

David William Kent, Jr. v. State of Mississippi

Court of Appeals of Mississippi

Decided May 15, 2018No. 2017–CA–00432–COAPublishedCited by 5 opinions

1Opinion of the Court

FAIR, J., FOR THE COURT:

¶ 1. David Kent filed a motion for post-conviction relief alleging that the circuit court lacked a factual basis to accept his guilty plea. The circuit court dismissed Kent's PCR motion as time-barred, and he appeals. We affirm the dismissal as Kent has failed to present an adequate record to support his contentions.

STANDARD OF REVIEW

¶ 2. The circuit court may summarily dismiss a PCR motion without an evidentiary hearing "[i]f it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to…

2Cases cited6 opinions

  1. Young v. StateMississippi Supreme Court · 1999
  2. Keller v. StateMississippi Supreme Court · 2014
  3. Birkhead v. StateMississippi Supreme Court · 2011
  4. Walker v. StateMississippi Supreme Court · 2003
  5. Timmie Brooks v. State of MississippiCourt of Appeals of Mississippi · 2017

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

3Cited by5 opinions

  1. Cutrell Varnado a/k/a Cutrell Smith Varnado a/k/a Cutrell S. Varnado v. State of MississippiCourt of Appeals of Mississippi · 2023
  2. Jericka J. Ruffin a/k/a Jericka Ruffin a/k/a Jericka Jacourtney Ruffin v. State of MississippiCourt of Appeals of Mississippi · 2025
  3. Jones v. State of MississippiDistrict Court, N.D. Mississippi · 2025
  4. Robert Earl Harvey, Jr. v. State of MississippiCourt of Appeals of Mississippi · 2023
  5. Thomas Lee Jiles v. State of MississippiCourt of Appeals of Mississippi · 2022

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