Taylor v. State
| Docket Number: | 2007-CA-00213-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-10-2008 Opinion Author: BARNES, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Requirements of section 99-39-9(4) Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, 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: 12-27-2006 Appealed from: TATE COUNTY CIRCUIT COURT Judge: Andrew C. Baker Disposition: POST-CONVICTION RELIEF - DISMISSED WITHOUT PREJUDICE Case Number: CV-2006-0301BT |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | PAUL TAYLOR |
CHARLES E. MILLER |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS | ||
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 - Requirements of section 99-39-9(4) |
| Summary of the Facts: | Paul Taylor pled guilty to three counts of sale of a controlled substance. He was sentenced to three concurrent nineteen year sentences, with nine years suspended on each sentence. He filed a motion for post-conviction relief. The circuit court entered an order dismissing the motion for post-conviction relief without prejudice because the motion did not contain either an affidavit of facts within his personal knowledge to support his motion or a sworn oath by Taylor as required by section 99-39-9(1)(d) and (3). Taylor chose to perfect a direct appeal rather than correcting and refiling his motion for post-conviction relief in the circuit court. |
| Summary of Opinion Analysis: | Section 99-39-9(4) provides that if the motion for post-conviction collateral relief does not substantially comply with the requirements of this section, it shall be returned to the prisoner if a judge of the court so directs. There was no error in the circuit court’s dismissing Taylor’s post-conviction relief petition without prejudice due to his failure to provide the required oath or affidavit of facts to support his motion. |
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