Myers v. State
| Docket Number: | 2006-CP-00995-COA Linked Case(s): 2006-CP-00995-COA ; 2006-CT-00995-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2007 Opinion Author: LEE, P.J. |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS AND CARLTON, JJ. Non Participating Judge(s): ISHEE, J. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 11-29-2005 Appealed from: Jackson County Circuit Court Judge: Robert P. Krebs Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 95-10810(3) |
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| Party Name: | Attorney Name: | |||
| Appellant: | TIMOTHY EDWARD MYERS |
TIMOTHY EDWARD MYERS (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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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 |
| Summary of the Facts: | Timothy Myers pled guilty to one count of kidnapping. Myers filed a motion to withdraw his guilty plea and/or set aside conviction. The court entered an order to correct an error in Myers’s guilty plea. Myers was also sentenced at this time as a habitual offender to serve thirty years. Myers filed a motion for post-conviction relief which was denied. Myers appealed, and the Court of Appeals reversed and remanded for a new sentencing hearing. Ultimately, Myers was sentenced to twenty-five years. Myers filed another motion for post-conviction relief which was dismissed. Myers appeals. |
| Summary of Opinion Analysis: | Myers argues that his trial counsel was ineffective by failing to demand a speedy trial. As this is Myers’ second motion for post-conviction relief, this motion constitutes a successive writ and is barred. In addition, a guilty plea waives the right to a speedy trial. |
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