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Pipkins v. State

February 09, 1999

PATRICK J. PIPKINS A/K/A PATRICK APPELLANT JEROME PIPKIN
v.
STATE OF MISSISSIPPI APPELLEE



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

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

DATE OF JUDGMENT: 05/01/1997

TRIAL JUDGE: HON. GEORGE C. CARLSON, JR.

COURT FROM WHICH APPEALED: TATE COUNTY CIRCUIT COURT

NATURE OF THE CASE: CRIMINAL - FELONY

TRIAL COURT DISPOSITION: CONVICTED OF AGGRAVATED ASSAULT AND SENTENCED TO EIGHTEEN YEARS IN PRISON

DISPOSITION: AFFIRMED - 02/09/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. Patrick Pipkins was convicted of aggravated assault and sentenced to a term of eighteen years in prison. From this conviction, he perfects his appeal to this Court and argues (1) that the waiver of his jury trial was unknowingly and involuntarily entered and (2) that he received ineffective assistance of counsel. Finding his arguments without merit, we affirm.

FACTS

ΒΆ2. On June 22, 1996, an altercation arose between Bobby Harris and the appellant, Patrick Pipkins. The two exchanged words, and at some point Harris knocked Pipkins's beer out of his hands. Harris then walked away from Pipkins but returned a short time later. The two began arguing again, at which time Pipkins hit Harris in the face with a gun. Harris then reached for a stick and hit Pipkins across the back, breaking the stick. Pipkins then pointed his gun at Harris and pulled the trigger. The gun initially misfired, but Pipkins continued firing, eventually striking Harris in the back, leaving him paralyzed from his waist down. Pipkins was later arrested ...


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