Roach v. State
| Docket Number: | 2007-CP-01058-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-23-2008 Opinion Author: Le, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Chandler, Griffis, 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: 05-24-2007 Appealed from: LOWNDES COUNTY CIRCUIT COURT Judge: James T. Kitchens, Jr. Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2005-0219-CV-1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ERIC ROACH A/K/A ERIC SHANE ROACH |
ERIC ROACH (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS | ||
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 - Successive writ |
| Summary of the Facts: | Eric Roach was convicted of armed robbery and was sentenced to twenty years. He attempted to file a notice of appeal on December 22, 2004, but his counsel was not admitted to practice in Mississippi, and the notice was returned. On December 29, 2005, Roach filed a petition for post-conviction relief entitled “belated notice of appeal.” The trial court dismissed Roach’s petition finding that Roach failed to show excusable neglect regarding his out-of-time appeal. Roach did not appeal that dismissal. On December 13, 2006, Roach filed a motion for post-conviction relief, which was dismissed as a subsequent filing. Roach appeals. |
| Summary of Opinion Analysis: | As Roach failed to file an appeal from the dismissal of his first motion for post-conviction relief, the trial court’s order became final and beyond review under section 99-39-23(6). |
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