Truitt v. State
Docket Number: | 2003-CP-00344-COA Linked Case(s): 2003-CP-00344-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 05-04-2004 Opinion Author: Lee, J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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. |
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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