BARNETT v. STATE

No. 57225.

497 So.2d 443 (1986)

Freddie BARNETT v. STATE of Mississippi.

Supreme Court of Mississippi.

November 5, 1986.


Attorney(s) appearing for the Case

Freddie Barnett, pro se.

Edwin Lloyd Pittman, Atty. Gen. by Billy L. Gore, Asst. Atty. Gen., Jackson, for appellee.

Before WALKER, C.J., and SULLIVAN and GRIFFIN, JJ.


WALKER, Chief Justice, for the Court:

In June of 1984, Freddie Barnett was convicted of aggravated assault and sentenced to a term of twenty (20) years. Some sixteen (16) months later, he filed in the Circuit Court of Warren County a motion for an out-of-time appeal. The circuit court denied the motion without conducting an evidentiary hearing. From that denial, Barnett appeals. Because the lower court erred in finding Barnett's claim to be manifestly without merit...

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