Wilson v. State
| Docket Number: | 2007-CP-01541-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-23-2008 Opinion Author: Carlton, J. Holding: APPEAL DISMISSED |
|
| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Section 99-39-5 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving Chandler, Griffis, Barnes, Ishee, and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 07-24-2007 Appealed from: WARREN COUNTY CIRCUIT COURT Judge: Frank G. Vollor Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 07,0155V |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | BOBBY EARL WILSON, JR. |
BOBBY EARL WILSON JR. (PRO SE) |
||
| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS | ||
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. |
|
| Topic: | Post-conviction relief - Jurisdiction - Section 99-39-5 |
| Summary of the Facts: | In 2007, Bobby Wilson Jr. filed a pro se motion for post-conviction relief alleging he suffered ineffective assistance of counsel when he pled guilty to a 1994 automobile burglary charge. The trial judge dismissed the motion on as time-barred. Wilson appeals. |
| Summary of Opinion Analysis: | In his appeal, Wilson collaterally attacks his 1994 automobile burglary conviction as the basis for his habitual offender status. Wilson cannot collaterally attack his 1994 conviction through his current appeal because he lacks standing to do so. Under section 99-39-5, to have standing to bring a post-conviction-relief motion, a prisoner must be serving time under the sentence he complains of. At the time of filing his current appeal, Wilson was not in custody for his 1994 automobile burglary conviction but was serving a sentence for a 2004 bank robbery conviction. Because Wilson lacked standing to bring his post-conviction-relief motion, the Court lacks jurisdiction to consider the appeal. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
