Robinson v. State


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Docket Number: 2006-CP-00847-COA
Court of Appeals: Opinion Link
Opinion Date: 11-13-2007
Opinion Author: MYERS, P.J.
Holding: Dismissal
Additional Case Information: Topic: Post-conviction relief - Jurisdiction - Section 99-39-7
Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF
Trial Court: Date of Trial Judgment: 05-30-2006
Appealed from: Hinds County Circuit Court
Judge: W. Swan Yerger
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED.
Case Number: 91-3-348-(WEC)
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: TIMOTHY ROBINSON




 TIMOTHY B. ROBINSON (PRO SE)



  
  • Appellant #1 Brief
    		•
    Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS  
    Synopsis provided by:

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    Topic: Post-conviction relief - Jurisdiction - Section 99-39-7
    Summary of the Facts: Timothy Robinson was found guilty in 1992 of one count of aggravated assault and two counts of kidnapping. He was sentenced to serve twenty years for the conviction of aggravated assault and a life term for each of the kidnapping charges, all sentences to run consecutively. Since his conviction, Robinson has appealed several times, including an appeal directly to the supreme court, but each time his conviction was affirmed. He now appeals the trial court’s denial of his motion to reconsider his sentence.
    Summary of Opinion Analysis: Section 99-39-7 mandates that a petitioner for post-conviction relief first obtain permission from the supreme court to seek post-conviction relief from the trial court. Because this case was affirmed on direct appeal and Robinson has failed to gain permission from the supreme court to move for post-conviction relief, the Court lacks jurisdiction to hear his appeal.


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