Berryhill v. State
| Docket Number: | 2007-CP-00243-COA Linked Case(s): 2007-CP-00243-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-04-2007 Opinion Author: IRVING, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Time bar Judge(s) Concurring: KING, C.J., LEE, J., MYERS, P.JJ., CHANDLER, J., GRIFFIS, J., BARNES, J., ISHEE, J., ROBERTS, J., CARLTON, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 02-21-2007 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Paul S. Funderburk Disposition: PETITION FOR POST-CONVICTION RELIEF DISMISSED Case Number: CV 06-195 (PF)L |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ANTHONY M. BERRYHILL |
ANTHONY M. BERRYHILL (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND |
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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 - Successive writ - Time bar |
| Summary of the Facts: | Anthony Berryhill pled guilty to murder in 1995 and was sentenced to a mandatory life sentence. Berryhill then filed three different motions for post-conviction relief, the most recent of which was in 2006. The motion was denied by the circuit court, and Berryhill appeals. |
| Summary of Opinion Analysis: | The court correctly found that Berryhill’s most recent motion for post-conviction relief is barred as a successive writ. In addition, his motion was filed over eleven years after his plea. Therefore, his motion for post-conviction relief is also time-barred. |
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