Legal Opinion

Avery v. State

Court of Appeals of Mississippi

Decided January 21, 2003No. 2002-CP-00516-COAPublished

1Opinion of the Court

MYERS, J.,

for the Court.

¶ 1. Kenaith Demario Avery, pro se, filed a post-conviction relief motion which was denied by the trial court. On appeal, Avery asserts the following issues:

1. WHETHER THE GUILTY PLEA ENTERED BY AVERY WAS NOT VOLUNTARILY NOR INTELLIGENTLY MADE;

2. WHETHER THE INDICTMENTS WERE DEFECTIVE; AND

3. WHETHER THE DEFENDANT WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL.

STATEMENT OF THE FACTS

¶ 2. On January 12, 2000, Avery pled guilty to three indictments charging him with sale of cocaine. The sales had occurred on or about November 4 and December 17, 1998, and on or about January…

2Cases cited15 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Stringer v. StateMississippi Supreme Court · 1984
  3. Alexander v. StateMississippi Supreme Court · 1992
  4. McQuarter v. StateMississippi Supreme Court · 1990
  5. Hiter v. StateMississippi Supreme Court · 1995

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