Legal Opinion

Jerold Wayne Smith v. State of Mississippi

Court of Appeals of Mississippi

Decided October 9, 2018No. 2017-CP-01027-COAPublishedCited by 1 opinion

1Opinion of the Court

CARLTON, J., FOR THE COURT:

¶ 1. Jerold Wayne Smith appeals the Jackson County Circuit Court's denial of his motion for postconviction relief (PCR). On appeal, Smith argues that: (1) his sentence has expired, (2) he was subjected to double jeopardy, and (3) he was denied effective counsel.

¶ 2. After our review, we find that Smith's double jeopardy and ineffective assistance of counsel claims are procedurally barred. We also find that Smith's expired sentence claim is without merit and also time-barred. We therefore affirm the trial court's denial of Smith's PCR motion.

FACTS

¶ 3. In September of…

2Cases cited8 opinions

  1. Enroth v. Memorial Hosp. at GulfportMississippi Supreme Court · 1990
  2. Smith v. StateMississippi Supreme Court · 1988
  3. Williams v. StateCourt of Appeals of Mississippi · 2012
  4. Charles Ray Crawford v. Earnest LeeMississippi Supreme Court · 2016
  5. Johnny Ray Sims v. State of MississippiCourt of Appeals of Mississippi · 2017

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3Cited by1 opinion

  1. State of Mississippi v. Verina Childs a/k/a Verina M. Childs a/k/a Verina Marie ChildsCourt of Appeals of Mississippi · 2020

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