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Webster v. State

Court of Appeals of Mississippi

December 9, 2014

MELISSA WEBSTER A/K/A MELISSA ELAINE WEBSTER, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE; MELISSA WEBSTER, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 03/26/2013.

DATE OF JUDGMENT: 04/04/2013.

Page 1201

TRIAL JUDGE: HON. ROBERT P. KREBS. COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION RELIEF DISMISSED.

TRIAL JUDGE: HON. ROBERT P. KREBS. COURT FROM WHICH APPEALED: JACKSON COUNTY CIRCUIT COURT. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION RELIEF DENIED.

MELISSA WEBSTER, Pro se, APPELLANT.

FOR APPELLEE: SCOTT STUART, OFFICE OF THE ATTORNEY GENERAL.

BEFORE GRIFFIS, P.J., BARNES, ISHEE AND MAXWELL, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, FAIR AND JAMES, JJ., CONCUR.

OPINION

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

Page 1202

MAXWELL, J.

¶1. Melissa Webster, who is no longer incarcerated, appeals the dismissal of her post-conviction-relief (PCR) motions.[1] She raises a variety of claims[2] but primarily challenges the effectiveness of her counsel and her classification by the Mississippi Department of Corrections (MDOC) as a violent offender. Upon review, we find that the plea colloquy shows Webster was satisfied with her attorney and that Webster failed to adequately support her ineffective-assistance claim. Furthermore, this court not only lacks authority over MDOC's classification of her but we note the classification question is now moot since Webster has been released on parole. Finding neither these nor any of Webster's other appellate arguments merit relief, we affirm.

Facts and Procedural History

¶2. On January 23, 2012, Webster entered guilty pleas to three counts of exploitation[3] of a vulnerable adult. On March 29, 2012, she was sentenced to ten years, with eight years to serve and two years of ...


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