Payne v. State
| Docket Number: | 2007-CA-00330-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-25-2008 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND CARLTON, JJ. Procedural History: Dismissal; PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 12-21-2006 Appealed from: DeSoto County Circuit Court Judge: Robert P. Chamberlin Disposition: POST-CONVICTION RELIEF DENIED Case Number: CV2006-0252CD |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | LAWRENCE KIRBY PAYNE |
RANDOLPH WALKER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS | ||
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 |
| Summary of the Facts: | Lawrence Payne entered a guilty plea to conspiracy to commit capital murder as a habitual offender and was sentenced to twenty years. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | Payne’s motion was barred by the three-year statute of limitations. His argument that he was denied a fundamental right during his sentencing is without merit and does not overcome the time bar. His argument that he received ineffective assistance of counsel is also without merit. Payne had admitted his guilt and stated that he was satisfied with the services of his two attorneys. The sentence that Payne received was that mandated by the Mississippi Legislature. |
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