Campbell v. State
| Docket Number: | 2012-CP-00074-COA Linked Case(s): 2012-CP-00074-COA ; 2012-CP-00074-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-07-2013 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Motion to reconsider - M.R.C.P. 60(b) - Timeliness of appeal - M.R.A.P. 4(a) - M.R.A.P. 2(a)(1) & 2(c) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 11-15-2010 Appealed from: Jones County Circuit Court Judge: Billy Joe Landrum Disposition: DENIED RULE 60(B) MOTION Case Number: 2011-02-CV11 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Bobby Campbell a/k/a Bobby Joe Campbell a/k/a Bobby Ray Campbell a/k/a Bobby Ray Dotson a/k/a Willie Dotson a/k/a Robert Jackue Campbell |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE | ||
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 - Motion to reconsider - M.R.C.P. 60(b) - Timeliness of appeal - M.R.A.P. 4(a) - M.R.A.P. 2(a)(1) & 2(c) |
| Summary of the Facts: | Bobby Campbell pled guilty to aggravated assault as a habitual offender. The court sentenced him to twelve years as a habitual offender, with eight years to serve and the remainder of his sentence suspended upon successful completion of four years of post-release supervision. Campbell filed a pleading entitled “Petition for Writ of Habeas Corpus/Motion to Vacate Conviction and Sentence,” which the trial court treated as a motion for post-conviction relief. The trial court dismissed Campbell’s petition. Campbell filed a motion to reconsider under M.R.C.P. 60(b), which the court denied. Campbell appeals. |
| Summary of Opinion Analysis: | Because Campbell appealed the denial of his motion to reconsider under Rule 60(b), the appeal will be limited only to the denial of the motion to reconsider. M.R.A.P. 4(a) requires that the notice of appeal be filed with the trial court within thirty days of the entry of the judgment appealed from. M.R.A.P. 2(a)(1) provides that an appeal shall be dismissed unless the notice of appeal is timely filed pursuant to M.R.A.P. 4 or 5. But Rule 2(c) allows the appellate court to suspend the requirements of appellate rules in the interest of justice. Here, the record indicates Campbell’s notice of appeal is untimely, as it was not filed within thirty days of the order. However, since his notice of appeal was received only one day late, the documents could have been delivered to prison authorities within the thirty-day time frame of Rule 4(a). Therefore, the Court will suspend the thirty-day requirement to the extent Campbell’s filing may have been untimely. Rule 60(b) provides for extraordinary relief granted only upon an adequate showing of exceptional circumstances. There are no exceptional circumstances cited in Campbell’s motion to reconsider; Campbell merely reiterates the same arguments in his motion for Rule 60(b) relief as were found in his PCR petition. Thus, the court did not err in denying Campbell’s motion. |
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