Jordan v. State


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Docket Number: 2007-CP-00757-COA
Court of Appeals: Opinion Link
Opinion Date: 05-06-2008
Opinion Author: KING, C.J.
Holding: Affirmed
Additional Case Information: Topic: Post-conviction relief - Time bar
Judge(s) Concurring: LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ.
Procedural History: Dismissal; PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF
Trial Court: Date of Trial Judgment: 04-02-2007
Appealed from: Harrison County Circuit Court
Judge: Jerry O. Terry, Sr.
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: A2401-2007-00023
  Party Name: Attorney Name:   Brief(s) Available:
Appellant: HENRY BEAUREGARD JORDAN




 HENRY BEAUREGARD JORDAN (PRO SE)



  
  • Appellant #1 Brief
    		•
    Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND  
    Synopsis provided by:

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    Topic: Post-conviction relief - Time bar
    Summary of the Facts: Henry Jordan pled guilty to transfer of a controlled substance and was sentenced to seven years. He filed a motion for post-conviction relief which was dismissed as time-barred. He appeals.
    Summary of Opinion Analysis: Jordan filed his motion for post-conviction relief on January 12, 2007, approximately three years and seven months after his June 2, 2003, conviction and sentence. Therefore, Jordan’s motion is time-barred unless he can successfully establish that one of the statutory exceptions applies. Jordan argues that a videotape of the transaction and the testimony from the man who actually sold the drugs are newly discovered evidence that would have proven his innocence. It is apparent that the videotape and the witness’s testimony were available at the time of Jordan’s conviction and sentence. Further, the evidence would not change the result in this case because Jordan admitted that he brought another person to the agent. Accordingly, Jordan’s motion for post-conviction relief is barred.


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