LaMontay Marsh v. State of Mississippi

GREENLEE, J.,

FOR THE COURT:

¶ 1. This is an appeal from Lauderdale County Circuit Court where LaMontay Marsh moved for post-conviction collateral relief (PCR), which was denied. On appeal, Marsh asserts that the circuit court erred because (1) his indictment contained the word “unlawfully” instead of “without au thority of law”; (2) he is actually innocent; and (3) his trial counsel’s assistance'was ineffective. Because (1) the term “unlawfully” is synonymous and interchangeable with the phrase “without authority of law’; (2) Marsh failed to demonstrate that it is more likely than not that no…