Runnels v. State


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Docket Number: 2006-CP-01097-COA

Court of Appeals: Opinion Link
Opinion Date: 05-15-2007
Opinion Author: LEE, P.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Relief from judgment - M.R.C.P. 60(b)
Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 05-17-2006
Appealed from: Claiborne County Circuit Court
Judge: Lamar Pickard
Disposition: TRIAL COURT DENIED MOTION FOR RELIEF.
Case Number: 4939

  Party Name: Attorney Name:  
Appellant: BRIAN RUNNELS




BRIAN RUNNELS (PRO SE)



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY  

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Topic: Post-conviction relief - Relief from judgment - M.R.C.P. 60(b)

Summary of the Facts: Brian Runnels pled guilty to one count of manslaughter and one count of armed robbery. Runnels was sentenced to serve twenty years on the manslaughter charge and sixteen years on the armed robbery charge. Over the next ten years Runnels filed numerous petitions and motions, some of which he appealed to the United States Supreme Court, the Mississippi Supreme Court and the Mississippi Court of Appeals. Runnels’ appeal in this case concerns the denial of his first motion for post-conviction relief which he filed on November 1, 1995.

Summary of Opinion Analysis: Runnels argues that he did not authorize his attorney to file the November 1, 1995 motion for post-conviction relief. He wants the Court to find the November 1, 1995 motion invalid so that his second motion for post-conviction relief would not have been dismissed as a successive writ. M.R.C.P. 60(b) provides an opportunity for relief from a judgment or order but only in exceptional circumstances. Runnels has expounded no exceptional circumstances; thus, the court did not err in denying his motion for relief from the December 21, 1995 judgment.


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