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Blaylock v. State

December 30, 1998

TOMMY GENE BLAYLOCK APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE



Before Thomas, P.j., Coleman, And Hinkebein, JJ.

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

DATE OF JUDGMENT: 12/15/97

TRIAL JUDGE: HON. C. E. MORGAN III

COURT FROM WHICH APPEALED: CARROLL COUNTY CIRCUIT COURT

DISTRICT ATTORNEY: DOUG EVANS

NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF

TRIAL COURT DISPOSITION: POST-CONVICTION RELIEF DENIED

FACTS

¶1. On May 18, 1995, Tommy Gene Blaylock (Blaylock) pled guilty in the Circuit Court of Carroll County to the December 1994 murder of Sherry Nix and the aggravated assault of Michael Sanders. At that time he was sentenced to serve life imprisonment on the murder charge and twenty years on the charge of aggravated assault in the custody of the Mississippi Department of Corrections. His sentence on the aggravated assault was to run concurrent to his life sentence. On April 17, 1997, Blaylock filed a motion for post-conviction relief, asserting the following allegations:

I. DID THE DEFENDANT KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ENTER HIS PLEAS OF GUILTY?

II. WHETHER THE DEFENDANT WAS MIS-ADVISED BY THE TRIAL COURT AND THE PUBLIC DEFENDER REGARDING THE MINIMUM SENTENCE ON THE CHARGE OF AGGRAVATED ASSAULT?

III. DOES A CONFLICT OF INTEREST EXIST BY AN ATTORNEY EMPLOYED BY THE COUNTY BOARD OF SUPERVISORS IN ANY CASE INVESTIGATED AND/OR PROSECUTED BY THE COUNTY SHERIFF IN THE SENSE THAT THE DEFENDANT REPRESENTED BY SUCH ATTORNEY SHOULD BE INFORMED AND GIVE CONSENT TO THE ATTORNEY'S REPRESENTATION?

IV. DID DEFENDANT TOMMY BLAYLOCK RECEIVE EFFECTIVE ASSISTANCE OF COUNSEL?

ΒΆ2. Following an October 10, 1997 hearing, the post-conviction relief was denied by the circuit court in an order dated November 13, 1997. On November 26, 1997, Blaylock filed a motion to alter or amend the order denying post-conviction relief on the issue of his attorney's alleged conflict of interest. On December 15, 1997, the court amended its earlier order but let stand the denial of post-conviction relief. Blaylock filed his notice of appeal to this Court on January 5, 1998. Upon reviewing the record, we ...


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