- #THE FIFTH CIRCUIT COURT OF APPEALS SAME AS SUPREME COURT PRO#
- #THE FIFTH CIRCUIT COURT OF APPEALS SAME AS SUPREME COURT TRIAL#
- #THE FIFTH CIRCUIT COURT OF APPEALS SAME AS SUPREME COURT SERIES#
2.¶ This Court has carefully examined all pleadings, filings, evidence, hearing transcripts, briefs, and exhibits and has considered the arguments and authorities cited by all in the two above-referenced cause numbers.
#THE FIFTH CIRCUIT COURT OF APPEALS SAME AS SUPREME COURT TRIAL#
CPCC responded in opposition to the State’s motion to dismiss, including filing a brief challenging the judgment of the trial court. Cox continued to plead that all appeals be dismissed, that his post-conviction counsel be relieved of their duties, and that his execution date be set. 2021-CA-00515-SCT, arguing that CPCC lacked standing to appeal. The State then filed a motion to dismiss Cause No. That decision was followed by CPCC’s filing a notice of appeal of that order, which was assigned Cause No. The learned trial court held an evidentiary hearing and determined that Cox was competent to waive his appeals and that he voluntarily and intelligently did so. He was sentenced 2 by the State, this Court remanded the matter to the Union County Circuit Court to determine if Cox was competent to waive his appeals and, if so, whether his waiver was voluntarily and intelligently made. 3On August 15, 2012, Cox pled guilty to eight separate charges, including one count of capital murder.
#THE FIFTH CIRCUIT COURT OF APPEALS SAME AS SUPREME COURT PRO#
2That motion and sixteen subsequent motions, along with numerous responses, many with rebuttals and a brief, were filed by either David Cox, pro se, his appointed counsel with the Mississippi Office of Capital Post-Conviction Counsel (CPCC), or the State. All pending motions, responses, and briefs in the consolidated cases are fully disposed of by this opinion. 3 Subsequent to those pleas and on motion 1All matters pending before the Court in the above-styled cause numbers are consolidated for all purposes.
#THE FIFTH CIRCUIT COURT OF APPEALS SAME AS SUPREME COURT SERIES#
That motion was followed by a series of pleas by Cox to dismiss his appeals, dismiss his counsel, and set an execution date. RANDOLPH, CHIEF JUSTICE, FOR THE COURT: 1.¶ The matters1 before the Court today began with a motion2 for post-conviction relief filed by CPCC on behalf of Cox, which was assigned Cause No. HOLLAND BRAD ALAN SMITH NATURE OF THE CASE: CIVIL - OTHER DISPOSITION: AFFIRMED - MOTION FOR REHEARING FILED: MANDATE ISSUED: EN BANC. TYSON BRANDON KYLE MALONE ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. SMITH COURT FROM WHICH APPEALED: UNION COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANT: MISSISSIPPI OFFICE OF CAPITAL POSTCONVICTION COUNSEL BY: KRISSY C. STATE OF MISSISSIPPI DATE OF JUDGMENT: TRIAL JUDGE: HON. CREEKMORE NATURE OF THE CASE: CRIMINAL - DEATH PENALTY - POST CONVICTION DISPOSITION: POST-CONVICTION RELIEF DENIED MOTION FOR REHEARING FILED: MANDATE ISSUED: consolidated with IN THE SUPREME COURT OF MISSISSIPPI NO. TYSON ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. CREEKMORE JOHN KELLY LUTHER THOMAS ROY TROUT COURT FROM WHICH APPEALED: UNION COUNTY CIRCUIT COURT ATTORNEYS FOR APPELLANT: MISSISSIPPI OFFICE OF CAPITAL POSTCONVICTION COUNSEL BY: KRISSY C. The Supreme Court denied the appeal of that judgment filed by CPCC. After careful consideration of all pleadings, filings, evidence, hearing transcripts, briefs, and exhibits and the arguments and authorities cited by all in the two above-referenced cause numbers, the Supreme Court affirmed the trial court's conclusion that Cox was competent to waive all of his appeals, and that his waiver was voluntarily and intelligently made. The State then filed a motion to dismiss Case No. That decision was followed by CPCC’s filing a notice to appeal that order, which was assigned No. The trial court held a hearing and ultimately determined Cox was competent to waive appeals, and that he voluntarily and intelligently did so. Subsequent to those pleas and on motion by the State, the Supreme Court remanded the matter to the circuit court to determine whether Cox was competent to waive his appeals, and if so, whether his waiver was voluntarily and intelligently made. A series of cases before the Mississippi Supreme Court began with a motion for post-conviction relief filed by the Mississippi Office of Capital Post-Conviction Counsel (CPCC) on behalf of David Cox, which was assigned No.
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