Flowers v. State
| Docket Number: | 2006-CP-01844-COA Linked Case(s): 2006-CP-01844-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-08-2008 Opinion Author: CHANDLER, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS 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: 10-11-2006 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: THE MOTION FOR POST-CONVICTION RELIEF WAS DISMISSED. Case Number: CI-2004-256 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | EDWARD D. FLOWERS |
EDWARD D. FLOWERS (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY | ||
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 |
| Summary of the Facts: | Edward Flowers was convicted of armed robbery. He filed a motion for post-conviction relief which was dismissed. He appeals. |
| Summary of Opinion Analysis: | This was Flowers' third PCR attacking his armed robbery conviction. Therefore, his current PCR was procedurally barred as a successive motion. Flowers argues that the PCR was not subject to the successive pleadings bar because the State waived the defense of the successive pleadings bar by failing to raise it before the circuit court. Under section 99-39-11(3), it is only if the PCR has survived summary dismissal that the circuit court shall order the state to file an answer or other pleading. The statute clearly establishes a procedure whereby the circuit court, without input from the State, must conduct an initial evaluation of the procedural viability of the PCR. |
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