Dallas v. State
| Docket Number: | 2007-CP-01339-COA Linked Case(s): 2007-CP-01339-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-29-2008 Opinion Author: GRIFFIS, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Incarceration in Mississippi Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 06-28-2007 Appealed from: Copiah County Circuit Court Judge: Lamar Pickard Disposition: POST-CONVICTION RELIEF - DISMISSED Case Number: 14210-B |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | DR. BRYCE DALLAS A/K/A BRYCE FREDERICK DALLAS |
BRYCE DALLAS (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 - Incarceration in Mississippi |
| Summary of the Facts: | Bryce Dallas pled guilty to burglary of a dwelling. Thereafter, Dallas filed a motion entitled, “Petition for Relief.” The court dismissed his petition, and he appeals. |
| Summary of Opinion Analysis: | Dallas’s petition for relief is barred. Even though Dallas styled his petition as a “Petition For Relief,” it is, in fact, a motion for post-conviction collateral relief because Dallas argues that his guilty plea was involuntary. In order to file for post-conviction relief, the petitioner must be incarcerated in a Mississippi prison or jail under a sentence from a Mississippi court. Dallas filed his petition for post-conviction collateral relief pro se with a return address in Tennessee. Furthermore, Dallas’s sentence expired over eight years ago. Because Dallas no longer meets the initial requirement for any petition for post-conviction collateral relief, which is to be incarcerated in Mississippi, the court correctly dismissed his petition. |
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