Dawkins v. State


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Docket Number: 2007-CP-02176-COA

Court of Appeals: Opinion Link
Opinion Date: 09-16-2008
Opinion Author: Lee, P.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Successive writ
Judge(s) Concurring: King, C.J., Myers and, P.J., Irving, Chandler, Griffis, Brnes, Ishee, Roberts, and Carlton, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 10-02-2007
Appealed from: MARSHALL COUNTY CIRCUIT COURT
Judge: Andrew K. Howorth
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED AS SUCCESSIVE WRIT
Case Number: M2007-320

  Party Name: Attorney Name:  
Appellant: ELLIS WILLIE DAWKINS




ELLIS WILLIE DAWKINS (PRO SE)



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND  

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Topic: Post-conviction relief - Successive writ

Summary of the Facts: Ellis Dawkins pled guilty to capital rape and was sentenced to twenty years with ten years suspended, ten years to serve and five years of post-release supervision. Dawkins filed a motion for post-conviction relief which was denied. Dawkins appealed, and the Court of Appeals affirmed. Dawkins filed another motion for post-conviction relief which the trial court dismissed. Dawkins appeals.

Summary of Opinion Analysis: All successive petitions are barred if the prisoner has filed a previous post-conviction-relief motion. Dawkins’ second motion for post-conviction relief was a successive writ.


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