Nobles v. State


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Docket Number: 2001-CA-00734-COA
Linked Case(s): 2001-CA-00734-COA ; 2001-CT-00734-SCT

Court of Appeals: Opinion Link
Opinion Date: 01-07-2003
Opinion Author: Myers, J.
Holding: Dismissed

Additional Case Information: Topic: Post-conviction relief - Denial of application - Section 99-39-27(9)
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving and, Chandler, JJ.
Non Participating Judge(s): Griffis, J.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 12-21-2000
Appealed from: Coahoma County Circuit Court
Judge: Al Smith
Disposition: MOTION TO VACATE CONVICTION DENIED
District Attorney: Laurence Y. Mellen
Case Number: 2000-0059

  Party Name: Attorney Name:  
Appellant: Frederick W. Nobles, Jr. a/k/a Freddie Nobles




NATHAN HENRY ELMORE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  

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Topic: Post-conviction relief - Denial of application - Section 99-39-27(9)

Summary of the Facts: The motion for rehearing is granted as the case was improvidently dismissed. Frederick Nobles pled guilty to armed robbery and aggravated assault and received concurrent sentences of thirty and twenty years. He filed two motions for post-conviction relief, both of which were denied. He appeals.

Summary of Opinion Analysis: In 1997, the Supreme Court denied Nobles’ application for post-conviction relief. Section 99-39-27(9) provides that the dismissal or denial of an application is a final judgment and shall be a bar to a second or successive application. Therefore, the supreme court’s 1997 ruling acts as a bar to this appeal.


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