Bownes v. State
| Docket Number: | 2006-CP-01723-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-04-2007 Opinion Author: ISHEE, 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., IRVING, CHANDLER, GRIFFIS, BARNES, 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: 07-24-2006 Appealed from: MARSHALL COUNTY CIRCUIT COURT Judge: Andrew K. Howorth Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: M-2006-168 |
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| Party Name: | Attorney Name: | |||
| Appellant: | ULYSSES BOWNES A/K/A ULYSSES BOWENS |
ULYSSES BOWNES (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DESHUN TERRELL MARTIN |
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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: | Ulysses Bownes was convicted of murder and sentenced to serve life in prison. He appealed his conviction, and it was affirmed. The record reflects that Bownes never filed a petition for writ of certiorari with the supreme court. Nevertheless, Bownes filed a motion for post-conviction relief with the trial court that was denied. He appeals. |
| Summary of Opinion Analysis: | Since Bownes’ conviction was affirmed on direct appeal, section 99-39-7 required that he seek leave from the supreme court to file a motion for post-conviction relief. The record contains no such authorization from the supreme court. Therefore, his appeal is dismissed for lack of jurisdiction. |
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