Green v. State
| Docket Number: | 2001-CP-01717-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2003 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Successive petition Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 09-25-2001 Appealed from: Madison County Circuit Court Judge: Samac Richardson Disposition: PETITIONER'S PRO SE MOTION TO VACATE AND SET ASIDE GUILTY PLEA AND SENTENCE, IN THE NATURE OF A PETITION FOR POST-CONVICTION RELIEF, DENIED AS TIME BARRED. District Attorney: Rick Mitchell Case Number: 2000-0150 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Terry Green |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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 - Successive petition |
| Summary of the Facts: | Terry Green pled guilty to manslaughter and aggravated assault. He was sentenced to twenty years for manslaughter and five years for aggravated assault. Green filed a motion to vacate and set aside the guilty plea and sentence which was denied as time-barred. Green appeals. |
| Summary of Opinion Analysis: | Green argues that he filed a motion for a review of sentence which tolled the statute of limitations. If Green's earlier motion was, in fact, a post-conviction relief request, the present motion would be barred as a successive petition. In addition, Green's present motion is time-barred. The judgment of conviction was March 20, 1997, and Green's motion was filed June 6, 2000, more than three years after his guilty plea. |
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