McCalpin v. State
| Docket Number: | 2011-CT-00269-SCT Linked Case(s): 2011-CP-00269-COA ; 2011-CT-00269-SCT |
|
| Supreme Court: | Opinion Link Opinion Date: 02-14-2013 Opinion Author: Lamar, J. Holding: Dismissed |
|
| Court of Appeals: |
Opinion Link Opinion Date: 04-10-2012 Opinion Author: Griffis, P.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Motion for rehearing - M.R.A.P. 40(a) - Good cause - M.R.A.P. 2(c) Judge(s) Concurring: Waller, C.J., Randolph, P.J., Pierce and Coleman, JJ. Dissenting Author : King, J. Dissent Joined By : Dickinson, P.J., Kitchens and Chandler, JJ. Procedural History: PCR Nature of the Case: PCR Writ of Certiorari: Dismissed Appealed from Court of Appeals |
|
| Trial Court: |
Date of Trial Judgment: 01-21-2011 Appealed from: Tishomingo County Circuit Court Judge: James L. Roberts Disposition: POST-CONVICTION RELIEF DENIED Case Number: CV10-0225-R-T |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Jay McCalpin |
PRO SE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY, JR. |
|
|
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 - Motion for rehearing - M.R.A.P. 40(a) - Good cause - M.R.A.P. 2(c) |
| Summary of the Facts: | Jay McCalpin pled guilty to one count of fondling and two counts of sexual battery. He was sentenced to fifteen years, with ten years suspended, and five years of post-release supervision. After he was released, the judge revoked his post-release supervision and ordered him to serve three years with seven years to remain suspended. His post-release supervision was revoked again after he was released a second time. McCalpin filed a motion for post-conviction relief which was denied. He appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | McCalpin failed to comply with M.R.A.P. 40(a) when filing for rehearing from the Court of Appeals judgment. Instead of filing it within fourteen days of judgment, he filed it thirty days after judgment was entered and nine days after the mandate was issued. Thus, it was untimely and the Court of Appeals properly dismissed it. There is no good cause to suspend the rule under M.R.A.P. 2(c), since McCalpin has not given any good cause for the failure. Thus, the writ of petition is dismissed. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
