Duncan v. State
| Docket Number: | 2001-CP-01511-COA Linked Case(s): 2001-CP-01511-COA ; 2001-CT-01511-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-06-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive motion - Section 99-39-27(9) Judge(s) Concurring: McMillin, C.J., Southwick, P.J., and Thomas, Lee, Myers, Chandler and Griffis, JJ. Non Participating Judge(s): King, P.J. Concurs in Result Only: Irving, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 06-07-2001 Appealed from: Washington County Circuit Court Judge: Gray Evans Disposition: POST-CONVICTION RELIEF DENIED. District Attorney: Frank Carlton Case Number: HC-213 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Wendell Duncan |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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. |
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| Topic: | Post-conviction relief - Successive motion - Section 99-39-27(9) |
| Summary of the Facts: | Wendell Duncan pled guilty to armed robbery. He was sentenced to thirty years to run consecutively to a previously imposed sentence of twelve years on a burglary conviction. Duncan filed a motion for post-conviction relief and another motion termed a "Writ of Habeas Corpus" which was denied. He appeals. |
| Summary of Opinion Analysis: | Section 99-39-27(9) bars a second or successive application for post-conviction relief. Duncan initial motion was brought in 1996 and was denied. Therefore, his second motion is procedurally barred. It is also time barred as it does not fall within the allotted three year time limitation. |
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