Brock v. State
| Docket Number: | 2011-CP-01570-COA Linked Case(s): 2011-CP-01570-COA ; 2011-CT-01570-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-09-2012 Opinion Author: Lee, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Section 99-39-7 - Permission to seek relief - Jurisdiction Judge(s) Concurring: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ. Concur in Part, Concur in Result 1: Roberts, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 07-05-2011 Appealed from: Bolivar County Circuit Court Judge: Charles E. Webster Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 7863 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Eddie Brock a/k/a Eddie Brock,III |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. |
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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 - Section 99-39-7 - Permission to seek relief - Jurisdiction |
| Summary of the Facts: | In 1994, Eddie Brock was convicted of five counts of uttering a forgery and sentenced as a habitual offender to forty-five years. On direct appeal, the Court of Appeals affirmed. In 1998, Brock filed a motion for leave in the Mississippi Supreme Court seeking permission to file a motion for post-conviction relief in the trial court. This motion was denied. In 2006, he again submitted a motion requesting leave to file a motion for post-conviction relief. Not only was his motion denied, but he was sanctioned for filing a frivolous motion. In 2010, Brock filed a motion for post-conviction relief in the trial court which the court dismissed. Brock appeals. |
| Summary of Opinion Analysis: | Pursuant to section 99-39-7, Brock must obtain permission from the Mississippi Supreme Court before seeking post-conviction relief in the trial court. Because permission to proceed had previously been denied, the trial court was without jurisdiction to hear Brock’s motion. Therefore, his motion was correctly dismissed. In addition, his claim that two intervening decisions would have affected the outcome of his trial is without merit. |
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