Johnson v. State
| Docket Number: | 2006-CP-00149-COA Linked Case(s): 2006-CT-00149-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-17-2007 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Timeliness of appeal - M.R.A.P. 2(a)(1) - Successive writ Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, 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: 12-02-2005 Appealed from: MARSHALL COUNTY CIRCUIT COURT Judge: Andrew K. Howorth Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: M2003-540 |
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| Party Name: | Attorney Name: | |||
| Appellant: | SAMMIE JOHNSON A/K/A SAMMIE LEE JOHNSON |
SAMMIE JOHNSON (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 - Timeliness of appeal - M.R.A.P. 2(a)(1) - Successive writ |
| Summary of the Facts: | Sammie Johnson pled guilty to one count of capital murder and two counts of accessory after the fact. The trial court sentenced Johnson to a term of life without the possibility of parole. Johnson filed a motion for post-conviction relief which was denied. Johnson did not seek appellate review of that denial. Johnson filed a second request for post-conviction relief, which was denied. Johnson filed a motion to clarify the judgment, which the trial court treated as Johnson’s third motion for post-conviction relief and denied. Johnson appeals. |
| Summary of Opinion Analysis: | The trial court denied Johnson’s third request for post-conviction relief on December 2, 2005. Johnson did not file a notice of appeal until January 24, 2006. He does not present any evidence of a court order extending the time period in which he could file an appeal. Pursuant to M.R.A.P. 2(a)(1), Johnson’s appeal shall be dismissed for failure to timely file his appeal. Johnson’s claims are also procedurally barred as successive writ. |
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