Hires v. State
| Docket Number: | 2002-CA-00059-COA Linked Case(s): 2002-CT-00059-SCT ; 2002-CT-00059-SCT ; 2002-CT-00059-SCT ; 2002-CT-00059-SCT ; 2002-CA-00059-COA ; 2002-CT-00059-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-08-2003 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Successive writ Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 12-07-2001 Appealed from: Harrison County Circuit Court Judge: Kosta N. Vlahos Disposition: POST-CONVICTION RELIEF DENIED District Attorney: Cono A. Caranna, II Case Number: 2401-00-00517 |
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| Party Name: | Attorney Name: | |||
| Appellant: | James Arthur Hires |
RONALD REID WELCH |
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| Appellee: | State of Mississippi | OFFICE OF ATTORNEY GENERAL BY: JEAN SMITH VAUGHAN |
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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 - Successive writ |
| Summary of the Facts: | James Hires petitioned the court to vacate his conviction and sentence of kidnaping and jail escape as an habitual offender. The court denied his petition, and he appeals. |
| Summary of Opinion Analysis: | Hires seeks post-conviction relief by raising a similar claim that he has raised several times before, that the court erred by revoking his right to appeal. The Mississippi Supreme Court denied his petition dealing with this issue in 1986 and, in 1990, dismissed his petition for leave to proceed on out-of-time appeal as procedurally barred. As to his remaining claims, they are barred since they were not raised at trial or on direct appeal. In addition, his motion is time barred and procedurally barred as a successive writ. |
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