Singleton v. State
| Docket Number: | 2002-CP-00761-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5 (2) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 04-22-2002 Appealed from: Sunflower County Circuit Court Judge: W. Ashley Hines Disposition: PCR DISMISSED WITH PREJUDICE District Attorney: Frank Carlton Case Number: 2002-0069M |
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| Party Name: | Attorney Name: | |||
| Appellant: | Donnie Singleton |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Section 99-39-5 (2) |
| Summary of the Facts: | Donnie Singleton pled guilty to three counts of altered money orders with intent to utter. He was sentenced to eight years on each charge to run concurrently. He filed a motion for post-conviction relief which was denied as time barred. He appeals. |
| Summary of Opinion Analysis: | Singleton argues that the judge erred in finding that his claims of lack of jurisdiction and ineffective assistance of counsel during his guilty pleas in 1995 were time-barred, because these are constitutional issues. Pursuant to section 99-39-5 (2), petitioners have three years within which to file for post-conviction relief unless there has been an intervening decision by the Mississippi or U.S. Supreme Court which would adversely affect the conviction; the prisoner has new evidence which would have been conclusive if offered at trial; a prisoner claims his sentence has expired; or a prisoner's probation, parole, or conditional release has been revoked. Singleton filed his petition in 2002, four years after the three year statutory period had expired, and his petition does not include any of the exemptions. |
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