Willis v. State
Docket Number: | 2001-CP-01021-COA Linked Case(s): 2001-CP-01021-COA ; 2001-CT-01021-SCT ; 2001-CT-01021-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 05-13-2003 Opinion Author: King, P.J. Holding: Dismissed |
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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 |
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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 |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - 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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