Christie v. State
| Docket Number: | 2007-CA-00373-COA Linked Case(s): 2007-CA-00373-SCT ; 2007-CA-00373-COA ; 2007-CT-00373-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-11-2008 Opinion Author: MYERS, P.J. Holding: AFFIRMED IN PART; REVERSED AND RENDERED IN PART |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Sanctions Judge(s) Concurring: KING, C.J., LEE, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ. Non Participating Judge(s): CARLTON, J. Procedural History: Dismissal; PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 01-04-2007 Appealed from: MARION COUNTY CIRCUIT COURT Judge: R. I. Prichard, III Disposition: MOTION FOR POST-CONVICTION RELIEF - DISMISSED Case Number: 2006-0297P(PC) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | JAMIE CHRISTIE A/K/A JAMIE CHRISTIE, JR. |
RAYMOND OSBORN BOUTWELL, JR. |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND |
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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 - Successive writ - Sanctions |
| Summary of the Facts: | Jamie Christie, Jr. pled guilty to two separate counts of burglary. He was sentenced to ten years on one count and to twenty years on the other count. The ten years on count one were suspended. Christie filed a motion for post-conviction relief which was denied. The Court of Appeals affirmed the denial. Christie filed a second motion for post-conviction relief which was dismissed as a successive writ. Christie appeals. |
| Summary of Opinion Analysis: | Issue 1: Successive writ The trial court noted in its first post-conviction relief order that Christie had improperly asked for post-conviction relief regarding two separate counts of robbery in one motion instead of two. However, the trial court allowed both requests in one motion since both counts were heard in one plea hearing. The trial court ultimately dismissed Christie’s motion for post-conviction relief. In his second post-conviction motion for relief, Christie claimed his motion was not procedurally barred since his first post-conviction motion addressed only his burglary conviction in one of the counts. This appeal is barred as a successive writ since Christie has already attacked the validity of these two convictions in a previous post-conviction relief motion. Issue 2: Sanctions Christie seeks review of the trial court’s imposition of sanctions against his attorney in the amount of $250. Sanctions are not justified if the plaintiff had some hope of success when the claim was filed. The attorney for Christie had a reasonable argument that the motion was not successive because the argument itself was not devoid of merit. Therefore, the trial court abused its discretion in imposing monetary sanctions against Christie’s counsel. |
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