Truitt v. State


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Docket Number: 2003-CP-00344-COA
Linked Case(s): 2003-CP-00344-COA

Court of Appeals: Opinion Link
Opinion Date: 05-04-2004
Opinion Author: Lee, J.
Holding: Affirmed

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

Trial Court: Date of Trial Judgment: 01-15-2003
Appealed from: Claiborne County Circuit Court
Judge: Lamar Pickard
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
District Attorney: Alexander C. Martin
Case Number: 2002-271

  Party Name: Attorney Name:  
Appellant: Shelby Truitt




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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Topic: Post-conviction relief - Time bar - Successive petition

Summary of the Facts: Shelby Truitt pled guilty to the charge of felony escape and was sentenced to two years. He filed a petition for post-conviction relief which was denied. The denial was affirmed by the Supreme Court. Truitt again petitioned for post-conviction relief which was denied as time-barred. Truitt appeals.

Summary of Opinion Analysis: Truitt pled guilty to felony escape on January 9, 1974. He should have filed his petition for post-conviction relief no later than April 17, 1987, but did not file it until November 14, 2002. Since his motion for post-conviction relief falls well beyond the three year statute of limitations, the court properly denied the motion for lack of timeliness. In addition, Truitt’s petition is barred as a successive petition since he filed such a petition in 1993, and the supreme court upheld the denial.


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