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Madden v. State

75 So. 3d 1130 (Miss. Ct. App. 2011)
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Madden v. State

30 Citing cases

  1. Madden v. State

    165 So. 3d 468 (Miss. 2015)

    The circuit court dismissed the motion as a successive writ and as barred by the statute of limitation, and the Court of Appeals affirmed on November 29, 2011. Madden v. State, 75 So.3d 1130 (Miss.Ct.App.2011). ¶ 8.

  2. Venezia v. State

    203 So. 3d 1 (Miss. Ct. App. 2016)   Cited 10 times
    Discussing the various ways that a factual basis might be established

    ¶ 4. This Court will not disturb the trial court's dismissal of a PCR motion absent a finding that the trial court's decision was clearly erroneous. Madden v. State , 75 So.3d 1130, 1131 (¶ 6) (Miss.Ct.App.2011) (citation omitted). Questions of law are reviewed de novo. Id.

  3. Shanklin v. State

    211 So. 3d 757 (Miss. Ct. App. 2016)

    This Court will not reverse a trial court's dismissal of a PCR motion absent a finding the trial court's decision was clearly erroneous. Madden v. State, 75 So.3d 1130, 1131 (¶ 6) (Miss.Ct.App.2011) (citation omitted). Issues of law are reviewed de novo. Id.

  4. Washington v. State

    192 So. 3d 368 (Miss. Ct. App. 2016)   Cited 1 times

    ¶ 6. “We will not reverse a trial court's dismissal of a PCCR [petition] unless the trial court's decision was clearly erroneous.” Barker v. State, 126 So.3d 135, 136 (¶ 5) (Miss.Ct.App.2013) (citing Madden v. State, 75 So.3d 1130, 1131 (¶ 6) (Miss.Ct.App.2011) ). “When reviewing questions of law, this Court's standard of review is de novo.” Id. (citation omitted).

  5. Fluker v. State

    191 So. 3d 127 (Miss. Ct. App. 2016)   Cited 1 times

    This Court will not reverse a trial court's dismissal of a PCR motion absent a finding the trial court's decision was clearly erroneous. Madden v. State, 75 So.3d 1130, 1131 (¶ 6) (Miss.Ct.App.2011) (citation omitted). Issues of law are reviewed de novo.

  6. Hicks v. State

    185 So. 3d 426 (Miss. Ct. App. 2016)   Cited 1 times

    "We will not reverse a trial court's dismissal of a PCCR motion unless the trial court's decision was clearly erroneous." Barker v. State, 126 So.3d 135, 136 (¶ 5) (Miss.Ct.App.2013) (citing Madden v. State, 75 So.3d 1130, 1131 (¶ 6) (Miss.Ct.App.2011) ). "When reviewing questions of law, this Court's standard of review is de novo." Id. (citation omitted).

  7. Madden v. State

    186 So. 3d 941 (Miss. Ct. App. 2016)   Cited 2 times

    GREENLEE, J., NOT PARTICIPATING. See Madden v. State, 176 So.3d 35 (Miss.Ct.App.2014); Madden v. State, 75 So.3d 1130 (Miss.Ct.App.2011); Madden v. State, 52 So.3d 411 (Miss.Ct.App.2010); Madden v. State, 991 So.2d 1231 (Miss.Ct.App.2008).

  8. Vitela v. State

    183 So. 3d 104 (Miss. Ct. App. 2015)   Cited 13 times
    Stating that a claim of ineffective assistance of counsel supported only by the movant's own affidavit fails to meet the pleading requirements of the PCR statute

    ¶ 5. “A circuit court's dismissal of a [petition] for post-conviction collateral relief will not be reversed on appeal absent a finding that the trial court's decision was clearly erroneous.” Madden v. State, 75 So.3d 1130, 1131 (¶ 6) (Miss.Ct.App.2011) (citation omitted). “However, when reviewing issues of law, this Court's proper standard of review is de novo.”

  9. Brooks v. State

    158 So. 3d 314 (Miss. Ct. App. 2015)

    This Court will not reverse a trial court's dismissal of a PCCR motion unless the trial court's decision was clearly erroneous. Madden v. State, 75 So.3d 1130, 1131 (¶ 6) (Miss.Ct.App.2011). When reviewing questions of law, this Court's standard of review is de novo.

  10. Creel v. King

    161 So. 3d 1098 (Miss. Ct. App. 2014)   Cited 2 times

    ¶ 7. A trial court's decision to deny a PCCR motion will not be overturned on appeal “unless the trial court's decision was clearly erroneous.” Chapman v. State, 135 So.3d 184, 185 (¶ 6) (Miss.Ct.App.2013) (citing Madden v. State, 75 So.3d 1130, 1131 (¶ 6) (Miss.Ct.App.2011)). “When reviewing questions of law, this Court's standard of review is de novo.”