Legal Opinion
Darrell W. Phillips v. State of Mississippi
Court of Appeals of Mississippi
Decided January 9, 2018No. 2017–CP–00056–COAPublishedCited by 4 opinions
1Opinion of the Court
FAIR, J., FOR THE COURT:
¶ 1. Darrell Phillips's suspended sentence was revoked after he was convicted of a felony in Tennessee. He later filed a motion for post-conviction relief challenging the timeliness of his revocation hearing. The circuit court dismissed it without an evidentiary hearing, finding that although Phillips's revocation hearing was untimely under the statute, he was not entitled to have his revocation set aside. We agree and affirm.
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…
2Cases cited3 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Young v. StateMississippi Supreme Court · 1999
- Presley v. StateMississippi Supreme Court · 2010
3Cited by4 opinions
- James Scott Lewis v. State of MississippiCourt of Appeals of Mississippi · 2026
- Kedric Norwood a/k/a Kedrick Kevon Norwood v. State of MississippiCourt of Appeals of Mississippi · 2022
- Taje Leondas Dortch a/k/a Taje Dortch a/k/a Taje L. Dortch v. State of MississippiCourt of Appeals of Mississippi · 2022
- Tommy Dewayne Robertson a/k/a Tommy Robertson v. State of MississippiCourt of Appeals of Mississippi · 2026