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Kidd v. State

221 So. 3d 1041 (Miss. Ct. App. 2016)
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Kidd v. State

9 Citing cases

  1. Shelby v. State

    311 So. 3d 613 (Miss. Ct. App. 2020)   Cited 4 times

    On issues of law, our standard of review is de novo. Kidd v. State , 221 So. 3d 1041, 1043 (¶8) (Miss. Ct. App. 2016), cert. denied , 220 So. 3d 977 (Miss. 2017).

  2. Kidd v. State

    No. 2017-M-01512 (Miss. Mar. 12, 2019)

    Sept. 11, 2014). The circuit court held an evidentiary hearing and denied relief. Kidd v. State, 221 So. 3d 1041, 1042 (Miss. Ct. App. 2016). The Court of Appeals affirmed the judgment, id., and this Court denied his petition for a writ of certiorari. Order, Kidd v. State, 2015-CT-01182-SCT (Miss.

  3. Duncan v. State

    378 So. 3d 991 (Miss. Ct. App. 2024)   Cited 2 times

    "As the PCR movant, [Duncan] ‘has the burden of showing [he] is entitled to relief by a preponderance of the evidence.’ " Id. (quoting Kidd v. State, 221 So. 3d 1041, 1043 (¶8) (Miss. Ct. App. 2016)). DISCUSSION

  4. Johnson v. State

    No. 2022-CA-00997-COA (Miss. Ct. App. Oct. 3, 2023)

    Id. (quoting Kidd v. State, 221 So.3d 1041, 1043 (¶8) (Miss. Ct. App. 2016)). "As the PCR movant, [Johnson] 'has the burden of showing [he] is entitled to relief by a preponderance of the evidence.'"

  5. Wilkerson v. State

    307 So. 3d 1231 (Miss. Ct. App. 2020)   Cited 5 times

    Ct. App. 2011) ). "Relief must be denied if the movant fails to meet any one of these four elements." Kidd v. State , 221 So. 3d 1041, 1043 (¶9) (Miss. Ct. App. 2016) (quoting Van Norman v. State , 114 So. 3d 799, 801 (¶11) (Miss. Ct. App. 2013) ).

  6. Coleman v. State

    300 So. 3d 1044 (Miss. Ct. App. 2020)   Cited 1 times

    In a PCR motion, the "movant has the burden of showing he is entitled to relief by preponderance of the evidence." Kidd v. State , 221 So. 3d 1041, 1043 (¶8) (Miss. Ct. App. 2016). But merely asserting a fundamental-right violation is not enough to meet that burden.

  7. Ulmer v. State

    292 So. 3d 611 (Miss. Ct. App. 2020)   Cited 9 times
    In Ulmer, we held that a PCR movant was entitled to relief because the record established that he pled guilty to second-degree murder in reliance on his attorney’s erroneous advice that he would be eligible for early release.

    Our "standard of review for [the] denial of [post-conviction relief] after an evidentiary hearing is the clearly erroneous standard." Kidd v. State , 221 So. 3d 1041, 1043 (¶8) (Miss. Ct. App. 2016) (quoting Davis v. State , 980 So. 2d 951, 954 (¶5) (Miss. Ct. App. 2007) ). "A finding of fact is ‘clearly erroneous’ when ... the reviewing court ... is left with [a] definite and firm conviction that a mistake [was] made."

  8. Whitehead v. State

    299 So. 3d 899 (Miss. Ct. App. 2020)   Cited 4 times

    Id. at 196 (¶36). "However, when reviewing issues of law, this Court's proper standard of review is de novo." Kidd v. State , 221 So. 3d 1041, 1043 (¶8) (Miss. Ct. App. 2016). As the PCR movant, Whitehead "has the burden of showing [s]he is entitled to relief by a preponderance of the evidence."

  9. Phinizee v. State

    269 So. 3d 432 (Miss. Ct. App. 2018)

    ¶ 20. Phinizee "has the burden of showing he is entitled to relief by a preponderance of the evidence." Kidd v. State , 221 So.3d 1041, 1043 (¶ 8) (Miss. Ct. App. 2016). However, we are of the opinion that Phinizee did not meet that burden.