Scales v. State
| Docket Number: | 2009-CA-01911-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-06-2012 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Roberts, Carlton, Maxwell and Fair, JJ. Concurs in Result Only: Irving, P.J., and Russell, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 06-25-2009 Appealed from: Noxubee County Circuit Court Judge: Lee J. Howard Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2008-0179 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Dennis Scales a/k/a Dennis K. Scales |
CARRIE A. JOURDAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LA DONNA C. HOLLAND |
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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 - Time bar - Section 99-39-5(2) |
| Summary of the Facts: | Dennis Scales pled guilty to armed robbery and was sentenced to eighteen years. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Scales argues that the circuit court erred in failing to conduct an evidentiary hearing, the court had no factual basis on which to accept Scales’s guilty plea, and his guilty plea was involuntarily and unintelligently entered. Under section 99-39-5(2), Scales had three years to request post-conviction relief, and he failed to do so. Thus, his motion is time barred. |
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