Stroud v. State
| Docket Number: | 2001-CP-00820-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2003 Opinion Author: Southwick, P.J. Holding: Dismissed |
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| Additional Case Information: |
Topic: Post-conviction relief - Timeliness of appeal - M.R.A.P. 4(a) 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 |
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| Trial Court: |
Date of Trial Judgment: 10-30-1997 Appealed from: Jackson County Circuit Court Judge: Bill Jones Disposition: DENIED RELIEF District Attorney: Keith Miller Case Number: 95-10105(3) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Bennie Stroud, Jr. |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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 - Timeliness of appeal - M.R.A.P. 4(a) |
| Summary of the Facts: | Bennie Stroud filed for post-conviction relief following the entry of his guilty plea to charges of aggravated assault, possession of a firearm by a felon and possession of a controlled substance. The court denied his motion, and Stroud appeals. |
| Summary of Opinion Analysis: | M.R.A.P. 4(a) requires that appeals be filed within thirty days after the date of entry of the judgment or order from which the petition appeals. Stroud’s petition was denied on October 30, 1997. He filed an appeal with the supreme court on January 20, 1998, and filed his initial brief in July 2002. Therefore, his appeal is time barred. |
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