Bell v. State
| Docket Number: | 2002-CP-01627-COA Linked Case(s): 2002-CT-01627-SCT ; 2002-CP-01627-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-18-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive motion - Section 99-39-27(9) - Time bar Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Irving, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 08-06-2002 Appealed from: Forrest County Circuit Court Judge: Richard W. McKenzie Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED District Attorney: Jon Mark Weathers Case Number: CI01-0244 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Charles Sylvester Bell |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Successive motion - Section 99-39-27(9) - Time bar |
| Summary of the Facts: | Charles Bell was convicted of capital murder and sentenced to death, but his death sentence was overturned by the United States Court of Appeals for the Fifth Circuit. After he was re-indicted for armed robbery as an habitual offender, he entered a plea of guilty to armed robbery as an habitual offender. The trial court sentenced Bell to life imprisonment for the capital murder and twenty-five years for the armed robbery. Bell filed a motion for post-conviction relief which was denied. Bell appealed to the Supreme Court which remanded the case for further proceedings. On remand, the circuit court found that Bell knowingly and voluntarily waived his ex post facto claims. Bell again appealed, and the Supreme Court affirmed. Bell has filed a second motion for post-conviction relief. |
| Summary of Opinion Analysis: | Section 99-39-27(9) provides that the dismissal or denial of an application for post-conviction relief is a final judgment and shall be a bar to a second or successive application. Bell’s second motion is procedurally barred since he cites no intervening cases or newly discovered evidence which would except his claim from the procedural bar. His motion is also time barred as it does not fall within the three year time limitation. |
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