Smith v. State


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Docket Number: 2006-CP-01370-COA

Court of Appeals: Opinion Link
Opinion Date: 09-18-2007
Opinion Author: BARNES, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - In custody - Time bar
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 07-25-2006
Appealed from: Harrison County Circuit Court
Judge: Roger T. Clark
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED.
Case Number: A2401-2006-00171

  Party Name: Attorney Name:  
Appellant: EDWIN GLENN SMITH




EDWIN GLENN SMITH (PRO SE)



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: JACOB RAY  

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Topic: Post-conviction relief - In custody - Time bar

Summary of the Facts: Edwin Smith challenged his 1979 convictions of kidnaping, armed robbery and aggravated assault by way of a motion for post-conviction relief. The circuit court found that Smith’s post-conviction relief petition was time-barred. Smith appeals.

Summary of Opinion Analysis: In order to file a motion for post-conviction relief the applicant must be a prisoner in custody under sentence of a court of record of the State of Mississippi. Smith was sentenced in August 1979 to concurrent terms of imprisonment which totaled twelve years. There is nothing in the record to reflect any circumstance under which Smith might still be incarcerated on these charges. In addition, his petition was filed some twenty-two years after the entry of corrected sentencing orders. Therefore, the trial court did not err in finding that the petition was time-barred.


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