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[T] Johnston v. State

July 21, 1998

JAMES GREGG JOHNSTON, JR., APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE



Before McMILLIN, P.j., Diaz, And King, JJ.

The opinion of the court was delivered by: Diaz, J., For The Court:

Johnston v. State, 96-KA-01111-COA

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

DATE OF JUDGMENT: 09/04/96

TRIAL JUDGE: HON. KOSTA N. VLAHOS

COURT FROM WHICH APPEALED: HANCOCK COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: TOUCHING OF A CHILD FOR LUSTFUL PURPOSES: SENTENCED TO SERVE 10 YRS IN THE CUSTODY OF THE MDOC THE COURT SUSPENDS 3 YRS OF SENTENCE MAKING A TOTAL OF 7 YRS FOR THE DEFENDANT TO SERVE

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

James Johnston, Jr. was found guilty of touching a child for lustful purposes and was sentenced to ten years imprisonment, with three suspended and seven to serve. Johnston now appeals on the grounds of ineffective assistance of counsel.

FACTS

James Johnston was found guilty of the lustful touching of a child, Jane *fn1. He appeals stating he was denied a fair trial due to the ineffectiveness of his counsel. He argues that his conviction must be reversed and remanded for a new trial or, at a minimum, reversed and remanded for a Batson hearing. Johnston argues the following actions or ...


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