Allen v. State
| Docket Number: | 2007-CA-00672-COA Linked Case(s): 2007-CA-00672-COA ; 2007-CT-00672-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-04-2008 Opinion Author: KING, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts, and Carlton, JJ. Non Participating Judge(s): BARNES, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 04-10-2007 Appealed from: Adams County Circuit Court Judge: Forrest Johnson Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 07-KV-0003-J |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | MARK STEVEN ALLEN |
CYNTHIA ANN STEWART |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS | ||
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 - Time bar |
| Summary of the Facts: | Mark Allen pled guilty to manslaughter. He was sentenced to twenty years and ordered to pay a fine of $10,000. Allen filed a motion for post-conviction relief which the court dismissed. Allen appeals. |
| Summary of Opinion Analysis: | The circuit court entered Allen’s judgment of conviction on December 7, 2000. Allen filed his motion for post-conviction relief on January 9, 2007, well in excess of three years after his conviction was entered. Allen fails to come within one of the statutory exceptions to the three-year statute of limitations. Thus, the circuit court properly dismissed Allen’s claim as time-barred. Allen argues that his motion for post-conviction relief was not time-barred because his mental incompetence tolled the statute of limitations. However, there is no authority that tolls the statute of limitations for the Uniform Post-Conviction Collateral Relief Act based on mental incompetence. |
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