Jackson v. State
| Docket Number: | 2005-CA-01580-COA Linked Case(s): 2005-CA-01580-COA ; 2005-CA-01580-SCT ; 2005-CT-01580-SCT ; 2005-CT-01580-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-02-2007 Opinion Author: CHANDLER, J. Holding: The judgment of the Circuit Court of Montgomery County denying post-conviction relief is affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Illegal sentence - Ineffective assistance of counsel Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 07-29-2005 Appealed from: MONTGOMERY COUNTY CIRCUIT COURT Judge: Joseph H. Loper Disposition: POST-CONVICTION RELIEF DENIED Case Number: 2005-0109 CVL |
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| Note: | This judgment was later affirmed by the Supreme Court on 9/27/2007. See the SCT opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO43918.pdf | |
| Party Name: | Attorney Name: | |||
| Appellant: | JOSEPH LEON JACKSON, JR. |
IHOTEP ALKEBU-LAN,
CHOKWE LUMUMBA |
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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 - Illegal sentence - Ineffective assistance of counsel |
| Summary of the Facts: | Joseph Jackson, Jr. pled guilty to armed robbery. He was sentenced to life imprisonment by a jury. Jackson appealed, and the Court of Appeals dismissed the case, finding that Jackson improperly attempted to appeal a sentence. Jackson then filed a petition for post-conviction relief which was denied. Jackson appeals. |
| Summary of Opinion Analysis: | Jackson was required to file his petition for post-conviction relief within three years from October 19, 2001, the date of his conviction. He did not file his petition until July 19, 2005, nine months after the deadline. Therefore, Jackson is time-barred from bringing this claim. Jackson argues that once he pled guilty to armed robbery, his sentence was within the exclusive control of the judge, who could not have imposed a life sentence. Jackson knowingly, voluntarily and intelligently waived his right to have a jury consider his guilt or innocence when he pled guilty. The State was unwilling to offer Jackson a plea bargain or make a sentence recommendation to the judge. Thus, a jury was empaneled to determine the length of Jackson's sentence. Moreover, the record shows that the court informed Jackson in detail about the sentencing procedure. Jackson responded that he understood that issue, and he failed to object at trial to a jury assessing his penalty. Jackson also argues that he was denied effective assistance of counsel because his attorney allowed the jury to assess the punishment. This argument is without merit because the record clearly shows that the court informed Jackson of the sentencing procedure, and Jackson never objected to that procedure at trial. |
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