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Smith v. State

NO. 2017-CP-00893-COA (Miss. Ct. App. Dec. 11, 2018)
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Smith v. State

2 Citing cases

  1. Smith v. State

    308 So. 3d 476 (Miss. Ct. App. 2020)   Cited 2 times
    In Smith v. State, 308 So. 3d 476, 480 (¶¶18, 20) (Miss. Ct. App. 2020), this Court considered the defendant's argument that the circuit court lacked subject-matter jurisdiction over his charge because even though the body of the indictment correctly set forth the elements of the charged offense, the heading of the original indictment cited an incorrect statutory subsection and crime.

    On appeal, this Court found that "[b]ecause Smith's 2017 PCR motion was his first one following his 2016 guilty plea, it was not successive." Smith v. State , 271 So. 3d 691, 692 (¶1) (Miss. Ct. App. 2018). This Court then reversed the circuit court's order dismissing in part Smith's PCR motion and remanded the case to the circuit court "for consideration of the issues presented by Smith's motion."

  2. Jackson v. State

    323 So. 3d 1166 (Miss. Ct. App. 2021)   Cited 1 times

    However, the PCR motion before us, which Jackson filed in 2018, "takes issue with a new, separate and distinct, plea, conviction, and sentence." Smith v. State , 271 So. 3d 691, 694 (¶13) (Miss. Ct. App. 2018). The challenge here relates to his 1987 burglary conviction.