Barnes v. State
| Docket Number: | 2006-CP-01203-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-20-2007 Opinion Author: CARLTON, 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, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 06-16-2006 Appealed from: Attala County Circuit Court Judge: Clarence E. Morgan, III Disposition: DISMISSED MOTION FOR POST-CONVICTION RELIEF Case Number: 2006-060-CV-M |
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| Party Name: | Attorney Name: | |||
| Appellant: | JEROMAINE KENTORY BARNES A/K/A JEROMAINE BARNES |
JEROMAINE KENTORY BARNES (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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: | In 2002, Jeromaine Barnes pled guilty to aggravated assault and was sentenced to seventeen years, with twelve years to serve and five years suspended. In 2006, he filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Barnes’ motion for post-conviction relief was time-barred as it was filed outside of the mandatory three-year statute of limitations. A trial court is permitted to summarily dismiss a motion for post-conviction relief if it is ascertainable on the face of the motion that the petitioner is not entitled to any relief. Therefore, the court did not err in dismissing the motion without holding an evidentiary hearing. |
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