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Jones v. State

August 27, 1998

JONES V. STATE


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

The opinion of the court was delivered by: Smith, Justice

97-CA-00707-SCT

QORNELL A. JONES, a/k/a QORNELL ALANDO JONES 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: 05/22/97

TRIAL JUDGE: HON. JANNIE M. LEWIS

COURT FROM WHICH APPEALED: YAZOO COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

DISPOSITION AFFIRMED - 8/27/98

MOTION FOR REHEARING FILED:

MANDATE ISSUED:

Qornell Alando Jones was indicted by the Yazoo County, Mississippi Grand Jury for § felony offense of deliberate design murder pursuant to Miss. Code Ann. 97-3-19 (1)(a). Subsequently, Jones pled guilty to the reduced charge of manslaughter and was sentenced to serve a term of fifteen (15) years by Circuit Court Judge Jannie M. Lewis.

Jones filed a Motion for Post-Conviction Collateral Relief in the Yazoo County Circuit Court. Jones alleged that his plea of guilty was not knowing and voluntary and that his actions on the date of the shooting incident were committed in self-defense. Jones's Motion for Post-Conviction Collateral Relief was denied by the Circuit Court.

Jones appeals to this Court the order denying the relief requested and raises the following issues:

I. WHETHER JONES'S GUILTY PLEA WAS KNOWINGLY, INFORMED, AND VOLUNTARILY ENTERED?

II. WHETHER JONES WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL?

III. WHETHER AN EVIDENTIARY HEARING SHOULD HAVE BEEN GRANTED?

STATEMENT OF THE FACTS

Qornell Jones and his ten-year old brother were driving on Shady Lane Drive in Yazoo City, Mississippi. Jones stopped his car in the presence of a group of young men. Jones got out of the car and promptly entered into a fight with the young men. He returned to his car, took a pistol out of the glove compartment , and began firing. The group of young men fled. Harry Smith, Jr. was the only individual struck by any of the bullets fired by Jones. The bullets hit Harry Smith twice in the leg and in the back. Smith died as ...


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