Legal Opinion · Dissent

Gregory Tyler Moore v. State of Mississippi

Court of Appeals of Mississippi

Decided December 5, 2017No. 2016–CA–01032–COAPublished

1Dissent

CARLTON, J., DISSENTING:

¶ 23. I respectfully dissent from the majority's decision to affirm the circuit court's denial of Moore's PCR motion. I find that the record reflects that Moore presented sufficient evidence to warrant an evidentiary hearing on his motion; as a result, I would reverse the circuit court's judgment and remand this case for further proceedings consistent with this separate opinion. 10

¶ 24. Moore appeals the Rankin County Circuit Court's summary dismissal of his March 8, 2016 PCR motion without an evidentiary hearing. 11 On appeal, Moore asserts the following: (1) the…

2Cases cited10 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Gregory A. Thinnes v. State of MississippiCourt of Appeals of Mississippi · 2016
  3. Darby v. Mississippi State Board of Bar AdmissionsMississippi Supreme Court · 1966
  4. Fairley v. StateMississippi Supreme Court · 2003
  5. Readus v. StateCourt of Appeals of Mississippi · 2003

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