Edmond v. State


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Docket Number: 2001-CP-00225-COA
Linked Case(s): 2001-CP-00225-COA
Court of Appeals: Opinion Link
Opinion Date: 03-18-2003
Opinion Author: Southwick, P.J.
Holding: Affirmed
Additional Case Information: Topic: Post-conviction relief - Time bar
Judge(s) Concurring: McMillin, C.J., King, 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: 12-29-2000
Appealed from: Hinds County Circuit Court
Judge: James E. Graves, Jr.
Disposition: POST-CONVICTION RELIEF DENIED
District Attorney: Eleanor Faye Peterson
Case Number: 251-00-678 CIV
  Party Name: Attorney Name:  
Appellant: Albert Edmond




 PRO SE



  
Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS  
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Topic: Post-conviction relief - Time bar
Summary of the Facts: Albert Edmond was convicted of forcible rape and sentenced to life in prison in 1976. He filed a petition for writ of habeas corpus in 2002. The court found that his petition was time-barred. Edmond appeals.
Summary of Opinion Analysis: Edmond argues that his petition was incorrectly decided under post-conviction proceedings statutory scheme. Purely collateral post-conviction remedies attacking a judgment of conviction or sentence should be sought under authority of the Post-Conviction Collateral Relief Act. Edmond's substantive claim attacking the underlying indictment was properly construed as a collateral post-conviction remedy and is governed by the Uniform Post-Conviction Collateral Relief Act. Because Edmond’s petition was filed after the three-year statute of limitation, the court properly denied his petition.


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