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McCalister v. State

May 14, 1998

RICKEY D. MCCALISTER A/K/A RICKEY DARRELL MCCALISTER
v.
STATE OF MISSISSIPPI



Before Sullivan, P.j., McRAE And Smith, JJ.

The opinion of the court was delivered by: McRAE, Justice, For The Court:

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A

MEMORANDUM/PER CURIAM AFFIRMANCE

DATE OF JUDGMENT: 10/02/96

TRIAL JUDGE: HON. THOMAS J. GARDNER, III

COURT FROM WHICH APPEALED: ALCORN COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

Ricky McCalister appeals from an order of the Circuit Court of Alcorn County denying his motion for post-conviction collateral relief. Finding no grounds to grant such relief, we hereby affirm the circuit court below.

I.

McCalister was indicted on October 1, 1993, on two charges of uttering a forgery. On January 20, 1994, McCalister pleaded guilty to both charges. The circuit court sentenced McCalister to fifteen years on the first forgery charge and fifteen years suspended on the second forgery charge. Subsequently, McCalister applied for post-conviction relief in the circuit court, and the circuit court denied McCalister relief. It is from this ruling that McCalister now appeals, arguing (1) that the grand jury foreman's signature, contrary to Uniform Criminal Rule of Circuit Court Practice 2.05, appeared in his indictment after, instead of before, the words "against the peace and dignity of the State of Mississippi" and (2) that the words "against the peace and dignity of the State of Mississippi" did not appear at the very end of the indictments, thus violating Section 169 of the Mississippi Constitution. These arguments are substantially similar and therefore will be treated together.

II.

Regarding Uniform Criminal Rule of Circuit Court Practice 2.05 (now Uniform Circuit and County Court Rule 7.06), McCalister argues that the Rule requires that the elements of any indictment follow the order listed in the Rule. The Rule itself only mandates that those elements be included in the indictment; nothing in the rule mandates a particular order. However, the Mississippi Constitution does mandate a particular order for elements of an indictment. Accordingly, the more sound of the issues presented by McCalister is the argument that failure to place the ...


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