Nobles v. State
Docket Number: | 2001-CA-00734-COA Linked Case(s): 2001-CA-00734-COA ; 2001-CT-00734-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 01-07-2003 Opinion Author: Myers, J. Holding: Dismissed |
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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 |
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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 |
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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. |
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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