Taylor v. State


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Docket Number: 2005-CP-02134-COA
Linked Case(s): 2005-CP-02134-COA

Court of Appeals: Opinion Link
Opinion Date: 02-13-2007
Opinion Author: BARNES, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Successive motion
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: PCR; Dismissal
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 10-26-2005
Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT
Judge: Lee J. Howard
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED.
Case Number: 1999-0041-CV

  Party Name: Attorney Name:  
Appellant: CHARLIE TAYLOR




CHARLIE TAYLOR (PRO SE)



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: W. DANIEL HINCHCLIFF  

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Topic: Post-conviction relief - Successive motion

Summary of the Facts: In October of 1998, Charlie Taylor was convicted of one count of possession of marijuana with intent to distribute and one count of possession of cocaine with intent to distribute. He was sentenced as a habitual offender to forty years for count one and of sixty years for count two, to run concurrently. Taylor filed a motion for post-conviction relief. The circuit court treated this motion as a “motion for an out-of-time appeal” which was granted on May 5, 1999. Taylor’s notice of appeal was filed July 27, 1999, by his appellate counsel. On May 4, 2000, the circuit court issued an order dismissing Taylor’s post-conviction matter because of lack of jurisdiction. Taylor’s direct criminal appeal was affirmed by the Court of Appeals. Several years later, Taylor filed another motion for post-conviction relief. The Court of Appeals dismissed Taylor’s motion because Taylor never filed a supplemental brief as requested. Taylor filed a motion for records and transcripts. The circuit court dismissed for lack of jurisdiction, and Taylor appeals.

Summary of Opinion Analysis: Since the circuit court treated this motion for records and transcripts as a motion for post-conviction relief, it was properly dismissed as a successive motion. Since Taylor’s conviction has already been affirmed on appeal, Taylor was obligated to file his motion for post-conviction relief to a quorum of judges on the Mississippi Supreme Court, seeking an order allowing him to file such a motion before the trial court. He failed to do so with this motion. Thus, the trial court lacked jurisdiction to rule on this motion.


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