Campbell v. State
| Docket Number: | 2006-CP-00959-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-21-2007 Opinion Author: ISHEE, J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Successive petition Judge(s) Concurring: LEE AND MYERS, P.JJ., CHANDLER, GRIFFIS, BARNES AND CARLTON, JJ. Concur in Part, Concur in Result 1: Irving, J. Concurs in Result Only: KING, C.J. AND ROBERTS, J. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 05-18-2006 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: Lee J. Howard Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2003-0018-CV1 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | BRIAN A. CAMPBELL |
BRIAN A. CAMPBELL (PRO SE) |
||
| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
|
|
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. |
|
| Topic: | Post-conviction relief - Time bar - Successive petition |
| Summary of the Facts: | Brian Campbell pled guilty to the felony charge of false pretense. He was sentenced to one year to run consecutively to any other sentence, with two years of post-release supervision. Campbell filed a motion for post-conviction relief which the trial court summarily dismissed. He appeals. |
| Summary of Opinion Analysis: | The State argues for the first time on appeal that Campbell’s motion is time barred. The trial court entered the sentencing order on September 5, 2002; therefore, Campbell had three years to file for post-conviction relief. Arguably, Campbell’s first motion for post-conviction relief was filed on March 18, 2006, almost seven months after the three-year limitation had passed. Nothing in the trial court’s order indicates that Campbell’s case was excepted from the three-year filing limitation. Additionally, the record is void of any support for Campbell’s contention that a plea agreement existed which stated the Mississippi sentence would begin immediately following his completion of the federal sentence in Kansas. Furthermore, the March 18, 2006 motion for relief was successive to a letter dated September 12, 2005. The trial court’s order on December 7, 2005 dismissed the “post-conviction matter . . . motion to remove detainer.” In addition, there is no evidence of a plea agreement and therefore, no support for either of the issues Campbell has appealed. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
