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Gross v. State3/25/2003
s that a Mississippi official lacks the authority to order such tests outside the geographical boundaries of the state of Mississippi. Gross does not attempt to explain why this issue - again, nothing more than a dispute over the admissibility of evidence - could not have been litigated to conclusion at trial and, if necessary, by direct appeal of an unsatisfactory ruling by the trial court. We conclude that this more direct avenue to seek relief was, in fact, available to Gross had he chosen not to enter a plea of guilty. On that basis, we determine that this alternate theory is not an appropriate basis for post-conviction relief.
. THE JUDGMENT OF THE CIRCUIT COURT OF DESOTO COUNTY OF DENIAL OF POST CONVICTION RELIEF IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING AND SOUTHWICK, P.JJ., BRIDGES, THOMAS, LEE, IRVING, MYERS, CHANDLER AND GRIFFIS, JJ., CONCUR.
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