Davis v. State
| Docket Number: | 2006-CP-01350-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-29-2007 Opinion Author: ISHEE, 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, 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: 07-27-2006 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: James T. Kitchens, Jr. Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2005-0572-CV |
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| Party Name: | Attorney Name: | |||
| Appellant: | WILLIAM G. DAVIS A/K/A WILLIE DAVIS |
WILLIAM G. DAVIS (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS |
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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: | William Davis pled guilty to the sale of cocaine. The court sentenced him, on April 22, 1999, to twenty-five years with five years of post-release supervision. Davis filed an amended motion for post-conviction relief on January 25, 2006, which the trial court found to be time-barred. Davis appeals. |
| Summary of Opinion Analysis: | A motion for post-conviction relief must be filed within three years following the entry of judgment of conviction. Davis filed his motion more than six years after he entered a guilty plea and was sentenced. Furthermore, none of the exceptions to the statute of limitations were applicable. Thus, the court properly denied Davis’s motion for post-conviction relief as time-barred. |
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