Willis v. State


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Docket Number: 2001-CP-01021-COA
Linked Case(s): 2001-CP-01021-COA ; 2001-CT-01021-SCT ; 2001-CT-01021-SCT

Court of Appeals: Opinion Link
Opinion Date: 05-13-2003
Opinion Author: King, P.J.
Holding: Dismissed

Additional Case Information: Topic: Post-conviction relief - Jurisdiction - Section 99-39-5
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: 04-23-2001
Appealed from: Forrest County Circuit Court
Judge: Richard W. McKenzie
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
District Attorney: E. Lindsay Carter
Case Number: CI-99-0159

  Party Name: Attorney Name:  
Appellant: Bob G. Willis and Timothy Carey Willis




PRO SE PRO SE ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

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Topic: Post-conviction relief - Jurisdiction - Section 99-39-5

Summary of the Facts: Bob and Timothy Willis pled guilty to the attempted sale of a controlled substance and the attempted sale of marijuana. They were each ordered to pay fines in the amount of $30,000 on each conviction. Almost twenty years later, the Willises filed separate but similar motions for post-conviction relief.

Summary of Opinion Analysis: Section 99-39-5 requires that the petitioner be a prisoner in custody under sentence of a court of record of the State of Mississippi. The Willises are not now, nor have they ever been, imprisoned under sentence of a court of record of the State of Mississippi. Therefore, the trial court did not possess the requisite jurisdiction to rule on the motion.


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