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Babbit v. State

August 20, 1998

BABBIT
v.
STATE



Before Prather, C.j., Roberts And Mills, JJ.

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

QUINCY BABBITT v. STATE OF MISSISSIPPI

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

DATE OF JUDGMENT: 07/22/97

TRIAL JUDGE: HON. THOMAS J. GARDNER, III

COURT FROM WHICH APPEALED: LEE COUNTY CIRCUIT COURT

BY: DEIRDRE MCCRORY

DISTRICT ATTORNEY: JOHN R. YOUNG

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

DISPOSITION AFFIRMED

On May 30, 1997, Quincy Babbitt pled guilty to charges contained in three separate indictments. *fn1 Shortly thereafter, Babbitt moved to withdraw his guilty pleas, and alleged that he was frightened and intellectually incapable of entering knowing and voluntary pleas. An evidentiary hearing was conducted, and Babbitt's friends and family testified that he is "slow". Based on this evidence, the trial Judge denied Babbitt's motion for post-conviction relief. On appeal, Babbitt raises the following issues for consideration by this Court:

A. Whether sufficient evidence was presented by the State to show that the pleas entered were freely and voluntarily made in an informed manner without coercion, fear, or misunderstanding?

B. Whether the defense showed sufficient evidence that the pleas were not made voluntarily in accord with Rule 3.03 of the Uniform Criminal Rules of Circuit Court Practice?

The evidence supporting Babbitt's petition was minimal, and was contradicted by the record of the plea proceedings. Therefore, the denial of post-conviction relief was proper. Reynolds v. State , 521 So. 2d 914, 918 (Miss. 1988) (trial Judge's denial of post-conviction relief after evidentiary hearing must be "clearly erroneous" before ...


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