Bolton v. State
| Docket Number: | 2005-CP-01642-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-13-2007 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 05-13-2005 Appealed from: Harrison County Circuit Court Judge: Stephen Simpson Disposition: POST-CONVICTION RELIEF DENIED Case Number: A2401-01-00075 |
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| Party Name: | Attorney Name: | |||
| Appellant: | MICHAEL A. BOLTON A/K/A MICHAEL ANGELO BOLTON |
MICHAEL A. BOLTON (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JACOB RAY |
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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 |
| Summary of the Facts: | Michael Bolton was convicted of murder. Bolton filed a post-conviction relief petition, which was denied and affirmed on appeal. Bolton then filed a motion to clarify his sentence. The court summarily denied it as being a successive writ. Bolton appeals. |
| Summary of Opinion Analysis: | Bolton argues that the appropriate documents should be sent to the records department of the Mississippi Department of Corrections for correct time computation. However, Bolton cites no case law nor authority to support his argument. Bolton did not file a petition to clarify his sentence until well after the statute of limitations had expired. Thus, Bolton is time-barred from bringing this claim. In addition, his sentence to life in prison was correct and he is not eligible for parole. |
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