Epps v. State
| Docket Number: | 2001-CP-00887-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-04-2003 Opinion Author: McMillin, C.J. Holding: Vacated and Dismissed |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction Judge(s) Concurring: King and Southwick, P.JJ., 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: 05-25-2001 Appealed from: Madison County Circuit Court Judge: Samac Richardson Disposition: DENIAL OF POST-CONVICTION RELIEF District Attorney: Mark D. Ray Case Number: 2000-288 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Clifton J. Epps |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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 - Jurisdiction |
| Summary of the Facts: | Clifton Epps was convicted of burglary of an occupied dwelling which was affirmed on appeal. Epps filed a motion in the Mississippi Supreme Court for leave to pursue post-conviction relief which was denied by the Court. Despite that ruling, Epps filed a motion for post-conviction relief. The court considered Epps' motion on the merits and denied him any relief. Epps appeals. |
| Summary of Opinion Analysis: | The failure of the movant for post-conviction relief to obtain the prior permission of the Supreme Court to file the motion deprives the circuit court and the appellate court of authority to reach the merits of the motion. Therefore, the appeal is dismissed for lack of jurisdiction. |
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