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Berry v. State

19 So. 3d 137 (Miss. Ct. App. 2009)
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Berry v. State

6 Citing cases

  1. Faris v. State

    212 So. 3d 107 (Miss. Ct. App. 2016)

    When an offender seeks acceptance of a guilty plea, a criminal information may be used in lieu of an indictment. Berry v. State, 19 So.3d 137, 139 (¶ 7) (Miss. Ct. App 2009). However, the defendant must be represented by counsel and have waived the indictment by a sworn statement.

  2. Ashwell v. State

    225 So. 3d 1258 (Miss. Ct. App. 2016)   Cited 3 times

    Berry v. State, 19 So.3d 137, 138 (¶ 8) (Miss.Ct.App.2009). ¶ 11.

  3. Bowdry v. State

    158 So. 3d 354 (Miss. Ct. App. 2015)

    A defendant may be charged by criminal information if he is represented by counsel and has waived indictment by a sworn statement. Berry v. State, 19 So.3d 137, 139 (¶ 7) (Miss.Ct.App.2009). ¶ 9.

  4. Bowdry v. State

    158 So. 3d 354 (Miss. Ct. App. 2014)   Cited 4 times

    A defendant may be charged by criminal information if he is represented by counsel and has waived indictment by a sworn statement. Berry v. State, 19 So.3d 137, 139 (¶ 7) (Miss.Ct.App.2009). ¶ 9.

  5. Bowdry v. State

    NO. 2013-CP-01628-COA (Miss. Ct. App. Sep. 11, 2014)

    A defendant may be charged by criminal information if he is represented by counsel and has waived indictment by a sworn statement. Berry v. State, 19 So. 3d 137, 139 (¶7) (Miss. Ct. App. 2009). ¶9. Bowdry relies heavily upon Gowdy to contend that the State should not have been permitted to amend the information.

  6. Smith v. State

    86 So. 3d 276 (Miss. Ct. App. 2012)   Cited 16 times
    In Smith, 86 So.3d at 281 (¶ 14), this Court noted that, during Smith's guilty-plea hearing, the prosecution discussed the evidence that it was prepared to present in the event that Smith opted to go to trial.

    We have held the Mississippi Constitution “allows for criminal proceedings by criminal information where a defendant represented by counsel has waived indictment by sworn statement.” Berry v. State, 19 So.3d 137, 138 (¶ 7) (Miss.Ct.App.2009); see also Diggs v. State, 46 So.3d 361, 364–65 (¶ 9) (Miss.Ct.App.2010); Edwards v. State, 995 So.2d 824, 826 (¶¶ 7–8) (Miss.Ct.App.2008). And here we cannot disregard that in signing the waiver, Smith acknowledged his attorney had fully advised him of his rights and that he was “freely and voluntarily executing this waiver[.]”