Barr v. State


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Docket Number: 2003-CP-00491-COA

Court of Appeals: Opinion Link
Opinion Date: 05-18-2004
Opinion Author: Southwick, P.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Successive petition - Jurisdiction
Judge(s) Concurring: King, C.J., Bridges, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 02-12-2003
Appealed from: Monroe County Circuit Court
Judge: Sharion R. Aycock
Disposition: POST-CONVICTION RELIEF - DISMISSED
District Attorney: John Richard Young
Case Number: CV-02-058(B)M

  Party Name: Attorney Name:  
Appellant: Maurice Barr




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY  

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Topic: Post-conviction relief - Successive petition - Jurisdiction

Summary of the Facts: Maurice Barr pled guilty to two charges of sale of cocaine. He was sentenced to terms of fifteen years, with nine years suspended on each charge. Barr filed for the issuance of a writ coram nobis, or in the alternative, post-conviction relief. The court denied Barr's motion as time barred, for lack of jurisdiction of the court, and as a successive writ. Barr appeals.

Summary of Opinion Analysis: This is Barr’s third motion for post-conviction relief. The denial of the first motion was a final judgment and stood as a bar to the second and any successive motions for post-conviction relief. In addition, Barr is serving a Tennessee-issued sentence. In order to bring a motion under our statutes for post-conviction relief, the movant must be serving a sentence pronounced by a Mississippi state court.


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