Perkins v. State

63 Citing cases

  1. Brooks v. State

    573 So. 2d 1350 (Miss. 1990)   Cited 179 times
    Holding all non-jurisdictional defects waived by knowing and voluntary guilty plea

    "[I]ssues such as these respecting the indictment are essentially procedural and susceptible of waiver if not timely preserved and presented on direct appeal." Perkins v. State, 487 So.2d 791, 792 (Miss. 1986); Jones v. State, 356 So.2d 1182, 1183 (Miss. 1978); Wilcher v. State, 152 Miss. 13, 118 So. 356 (1928).

  2. Robertson v. State

    669 So. 2d 11 (Miss. 1996)   Cited 55 times
    Holding that motion was deficient due to defendant's failure to satisfy the pleading requirements of Miss. Code Ann. § 99-39-9, thus no evidentiary hearing was required

    Such is the case where the defendant fails to allege with "specificity and detail" that his counsel's performance was deficient and prejudicial to his defense. Brooks, 573 So.2d at 1354; Perkins v. State, 487 So.2d 791, 793 (Miss. 1986). The Brooks case involved a prisoner who claimed that his attorney was ineffective in failing to object to allegedly defective indictments and in advising him to plead guilty.

  3. Triplett v. State

    666 So. 2d 1356 (Miss. 1995)   Cited 30 times
    In Triplett, defense counsel should have sought a continuance until he had opportunity to interview every possible eyewitness, because the offense took place in county where neither the defendant, the victim, nor the defense counsel lived, and the defense counsel had little knowledge of a number of eyewitnesses or their names.

    Attorney Burdine was given no opportunity to respond to and confront in court the claims brought against him. As with the case at hand, in Perkins v. State, 487 So.2d 791 (Miss. 1986), the criminal defendant sought post-conviction relief under Miss. Code Ann. §§ 99-39-1, et seq. (Supp. 1985).

  4. Powers v. State

    No. 2017-DR-00696-SCT (Miss. Sep. 28, 2023)

    ("In order to prevail on an ineffective assistance of counsel claim, 'the post-conviction applicant to this Court must demonstrate with specificity and detail the elements of the claim.'") (quoting Woodward v. State, 635 So.2d 805, 808 (Miss. 1993); Perkins v. State, 487 So.2d 791, 793 (Miss. 1986)).

  5. Valentine v. State

    322 So. 3d 417 (Miss. 2021)   Cited 7 times

    Additionally, this Court has found this issue to be "a procedural defect which must be raised by special demurrer to the indictment or it is waived." Id ; see alsoPerkins v. State , 487 So. 2d 791, 792 (Miss. 1986) ("We note that issues such as these respecting the indictment are essentially procedural and susceptible of waiver if not timely preserved and presented on direct appeal." (citing Miss. Code Ann. § 99-39-21(1) (Supp.

  6. Evans v. State

    294 So. 3d 1152 (Miss. 2020)   Cited 6 times

    See M.R.A.P. 22(b) ; Archer v. State , 986 So. 2d 951, 954 (Miss. 2008) ; Woodward v. State , 635 So. 2d 805, 807-08 (Miss. 1993) ("Where the same counsel represents the defendant at trial and on direct appeal, the claim is procedurally viable on application for post-conviction relief." (citing Perkins v. State , 487 So. 2d 791, 792-93 (Miss. 1986) )). ¶8. Substantively, ineffective-assistance-of-counsel claims involve

  7. Harrell v. State

    2005 KA 1350 (Miss. 2007)   Cited 24 times

    This Court has held that Harrell "must allege matters [regarding ineffective assistance] with specificity and detail." Perkins v. State, 487 So.2d 791, 793 (Miss. 1986). Harrell offers only an unsupported assertion that he was prejudiced because his counsel "failed to show up."

  8. Roberts v. New Albany Sep. Sch. Dist

    2000 CA 877 (Miss. 2001)

    In Kilgore, we reiterated the general rule and held that "we may not give retroactive effect to newly enacted statutes of limitations shortening the period within which a claim arising prior to enactment must be brought." Kilgore, 508 So.2d at 1044-45 (citing Perkinsv. State, 487 So.2d 791, 792 (Miss. 1986); Garrett v. Beaumont, 24 Miss. 377, 379 (1851); and Reynolds v. Logan Charter Serv. Inc., 565 F. Supp. 84, 86 (N.D.Miss. 1983)).

  9. Johnston v. State

    730 So. 2d 534 (Miss. 1997)   Cited 12 times

    Such alleged deficiencies must be presented with specificity and detail. Perkins v. State, 487 So.2d 791, 793 (Miss. 1986). ¶ 18. Applying the two-prong Strickland test, Johnston must first prove that his counsel's performance was deficient.

  10. Christmas v. State

    700 So. 2d 262 (Miss. 1997)   Cited 23 times
    Holding that such limitations are procedural

    "It is axiomatic that statutes of limitations may not be made retroactive to the prejudice of a party." Perkins v. State, 487 So.2d 791, 792 (Miss. 1986). Although the prosecution of Buford Christmas was timely under the amended statute of limitations in Miss.