Twillie v. State
| Docket Number: | 2002-CP-00918-COA Linked Case(s): 2002-CT-00918-SCT ; 2002-CT-00918-SCT ; 2002-CP-00918-COA |
|
| Court of Appeals: |
Opinion Link Opinion Date: 04-06-2004 Opinion Author: King, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Ex post facto laws Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
|
| Trial Court: |
Date of Trial Judgment: 04-17-2002 Appealed from: Jasper County Circuit Court Judge: Robert G. Evans Disposition: POST-CONVICTION RELIEF DENIED District Attorney: Eddie H. Bowen Case Number: 9121-909 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Carlos Twillie |
PRO SE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
|
|
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 - Ex post facto laws |
| Summary of the Facts: | This opinion is substituted for the original opinion. Carlos Twillie pled guilty to capital murder. When Twillie's offense was committed, there were only two possible punishments for capital murder, death or life with the possibility of parole. However, when Twillie's plea was entered, the law had been changed to provide a third option of life without the possibility of parole. Twillie was sentenced to life without the possibility of parole. He filed a request for post-conviction relief claiming that sentencing him to life without the possibility of parole was an impermissible ex post facto application of the law. The judge denied his request, and he appeals. |
| Summary of Opinion Analysis: | The prohibition against ex post facto laws does not extend to those actions which are favorable to a defendant. The ability to receive life without parole, as opposed to risking the death penalty, is such a favorable action. Because death was allowed under the prior statute, the imposition of a sentence of life without parole is not a more punitive sanction and does not violate the prohibition against ex post facto laws. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
