Dyson v. State


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Docket Number: 2008-CP-00379-COA

Court of Appeals: Opinion Link
Opinion Date: 12-02-2008
Opinion Author: CHANDLER, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief – Time bar
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, and Roberts, and Carlton, JJ.
Concurs in Result Only: Barnes, J.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 02-14-2007
Appealed from: PEARL RIVER COUNTY CIRCUIT COURT
Judge: Prentiss Harrell
Disposition: POST-CONVICTION RELIEF DISMISSED
Case Number: 2008-0099

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: LIONELL JAVON DYSON




LIONELL JAVON DYSON (PRO SE)



 
  • Appellant #1 Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

    Synopsis provided by:

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    Topic: Post-conviction relief – Time bar

    Summary of the Facts: In 2004, Lionell Dyson pled guilty to carjacking and armed robbery by the exhibition of a firearm. Dyson was sentenced to ten years for the carjacking offense and twenty years, with ten suspended, for the armed robbery offense. In 2008, he filed a petition for post-conviction relief which was dismissed as time barred. He appeals.

    Summary of Opinion Analysis: When a defendant pleads guilty to an offense, the corresponding petition for post-conviction relief must be filed within three years after entry of the judgment of conviction. Dyson’s claims regarding double jeopardy, ineffective assistance of counsel, involuntary guilty pleas, and speedy trial all have been held to be time-barred. In addition, Dyson cites no authority nor makes any argument supporting his ex post facto assignment of error.


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