Watts v. State
| Docket Number: | 2002-CP-00884-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Thomas, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, 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: 03-18-2002 Appealed from: Marion County Circuit Court Judge: Michael R. Eubanks Disposition: DENIAL OF PCR District Attorney: Claiborne McDonald Case Number: 6912-2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Toney Watts |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEAN SMITH VAUGHN |
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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 - Time bar |
| Summary of the Facts: | Toney Watts pled guilty to uttering a forgery and was sentenced to ten years with five years to serve in the RID program and five years under post release supervision. Watts' probation was revoked in 1999, and he appeals. |
| Summary of Opinion Analysis: | When no appeal from a conviction is taken, relief must be sought within three years from the date that the time for taking an appeal expired unless the Mississippi or U.S. Supreme Court has handed down a decision that would have changed the outcome of the case, when new and nearly conclusive exculpatory evidence is presented that had not been reasonably discoverable at the time of trial, or when the argument is that the sentence has expired or that probation or parole has been improperly revoked. Watts argues that his right to counsel was violated, but there is no right to counsel at a revocation hearing. Because Watts’ argument does not fall into the exempt category, his petition is barred. |
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