Stroud v. State
| Docket Number: | 2006-CP-01908-COA Linked Case(s): 2006-CP-01908-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-08-2008 Opinion Author: ROBERTS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Successive writ 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: 04-28-2006 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2006-00,027(2) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | BENNIE STROUD, JR. A/K/A BENNIE STROUD |
BENNIE STROUD, JR. (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY | ||
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: | Bennie Stroud, Jr. pled guilty in 1997 to the charges of aggravated assault, possession of a firearm by a felon, and two counts of possession of a controlled substance. He filed a motion for post-conviction relief which was denied as time barred. He appeals. |
| Summary of Opinion Analysis: | Stroud pled guilty on March 5, 1997. He filed his first motion for post-conviction collateral relief in October 1997, and it was denied. Stroud filed his appeal more than thirty days after the denial of his post-conviction motion, and it was dismissed as time barred. Not only is Stroud’s motion time barred but it is barred as a successive writ. |
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