Duhart v. State
| Docket Number: | 2007-CP-00177-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 04-29-2008 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Prison mailbox rule - Speciality doctrine - Illegal sentence - Voluntariness of plea - Ineffective assistance of counsel Judge(s) Concurring: MYERS, P.J., CHANDLER, BARNES, ROBERTS AND CARLTON, JJ. Concur in Part, Dissent in Part 1: Ishee, J. with separate written opinion. Concur in Part, Dissent in Part Joined By 1: KING, C.J., LEE, P.J., AND IRVING, J. Procedural History: Dismissal; PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 01-10-2007 Appealed from: LEE COUNTY CIRCUIT COURT Judge: Thomas J. Gardner Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF WAS SUMMARILY DISMISSED. Case Number: CV06-120(G)L |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DENNIS DUHART |
DENNIS DUHART (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND | ||
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 - Prison mailbox rule - Speciality doctrine - Illegal sentence - Voluntariness of plea - Ineffective assistance of counsel |
| Summary of the Facts: | Dennis Duhart pled guilty to two counts of DUI maiming and was sentenced to twenty-five years, with five years suspended. Duhart filed a motion for post-conviction relief which was dismissed as time-barred. Duhart appeals. |
| Summary of Opinion Analysis: | A petitioner must file a petition for post-conviction collateral relief within three years of his sentencing date. On May 23, 2003, Duhart pled guilty to DUI maiming and was sentenced. On May 3, 2006, Duhart mailed his petition to the Circuit Clerk of Lee County. The circuit clerk did not stamp the petition “filed” until June 13, 2006. The circuit judge used the “filed” stamped date, June 13, 2006, as the date to determine whether the petition was time-barred. Under the prison mailbox rule, a pro se prisoner's motion for post-conviction relief is delivered for filing when the prisoner delivers the papers to prison authorities for mailing. Therefore, for the purposes of determining whether the petition was time-barred, the correct date to be used was the date the petition was mailed to the circuit clerk, and the court erred in finding that the petition was time-barred. The record is sufficient for the Court to address the merits of Duhart’s petition. Duhart argues that the State violated the speciality doctrine in its indictment and prosecution of him for DUI maiming. Since the legal authority stated for this principle deals with international extradition, there appears to be no authority for the application of the speciality doctrine among the states that make up the United States. Duhart also argues that he is serving an illegal sentence because he was given a twenty-year sentence with five years suspended. Duhart’s argument is based on section 47-7-3 and has already been considered and rejected in prior cases. Duhart argues that his guilty plea was not voluntary, because his attorney told him if he pled guilty to DUI. maiming, his case would be overturned on appeal. The record of the plea colloquy with the circuit judge directly contradicts Duhart’s argument on this issue. Duhart also argues that his counsel was ineffective because he claims that his counsel promised him that if he pled guilty, he would be released after his petition of habeas corpus was heard. Duhart supports this claim only with his argument in his brief. Where a party offers only his affidavit, his ineffective assistance claim is without merit. |
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