Latiker v. State
| Docket Number: | 2007-CP-01530-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-30-2008 Opinion Author: Myers, P.J. Holding: VACATED |
|
| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Section 99-39-7 Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts, and Carlton, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 08-22-2007 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 03-CR-070-LE-G |
|
| Party Name: | Attorney Name: | |||
| Appellant: | PERCY LATIKER A/K/A PERCELL LATIKER |
PERCY LATIKER (PRO SE) |
||
| 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. |
|
| Topic: | Post-conviction relief - Jurisdiction - Section 99-39-7 |
| Summary of the Facts: | Percy Latiker was convicted of one count of sale of cocaine and sentenced to twelve years’ imprisonment. After his conviction was affirmed on direct appeal, Latiker sought and received permission from the supreme court to file a petition for post-conviction relief on the single issue of whether he received ineffective assistance of counsel at trial. There is no evidence in the record, however, that Latiker ever actually filed such a petition with the circuit court. Instead, it appears that Latiker mailed the petition, as well as two amended petitions, to the Clerk of the Supreme Court. In 2007, Latiker sought a writ of mandamus from the supreme court, alleging that he had filed a petition for post-conviction relief with the circuit court in late 2006. The circuit court held an evidentiary hearing. The State noted that no petition for post-conviction relief had been filed and moved to dismiss for want of subject matter jurisdiction. The court denied the motion. After concluding the evidentiary hearing, the circuit court found that Latiker had not met his burden to prove that he was entitled to post-conviction relief. Latiker appeals. |
| Summary of Opinion Analysis: | Section 99-39-7 provides that a motion for post-conviction relief shall be filed as an original civil action in the trial court. Although he received permission to do so from the supreme court, Latiker never filed his petition for post-conviction relief in the circuit court. Because the post-conviction relief action was never properly commenced, the circuit court erred when it found jurisdiction to decide the issue. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
