Harveston v. State
| Docket Number: | 2006-CP-00542-COA Linked Case(s): 2006-CP-00542-COA ; 2006-CT-00542-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-06-2007 Opinion Author: IRVING, J. Holding: Dismissal |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Section 99-39-7 Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., CHANDLER, 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: 03-15-2006 Appealed from: LINCOLN COUNTY CIRCUIT COURT Judge: Mike Smith Disposition: PETITIONER’S MOTION TO VACATE ILLEGAL SENTENCE DENIED. Case Number: 2006-081-LS |
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| Party Name: | Attorney Name: | |||
| Appellant: | LARRY HARVESTON A/K/A LUKE HARVESTON |
LARRY HARVESTON (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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 - Jurisdiction - Section 99-39-7 |
| Summary of the Facts: | Following his conviction and sentencing for the sale of methamphetamine and marihuana, Larry Harveston appealed. The Court of Appeals denied him relief. Harveston filed a pro se motion for post-conviction relief which was denied. Harveston appeals. |
| Summary of Opinion Analysis: | Harveston has not been granted leave by the Mississippi Supreme Court to file a motion for post-conviction relief in the trial court, as required by section 99-39-7. Therefore, the Court lacks jurisdiction to hear his appeal. |
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