Caldwell v. State
| Docket Number: | 2008-CP-00150-COA Linked Case(s): 2008-CP-00150-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-25-2008 Opinion Author: LEE, P.J. Holding: Appeal Dismissed |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction 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: 01-09-2008 Appealed from: LEFLORE COUNTY CIRCUIT COURT Judge: Richard Smith Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2003-0211-CICR |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | TAURUS CALDWELL A/K/A TAURUS L.
CALDWELL |
TAURUS CALDWELL (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY | ||
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 - Jurisdiction |
| Summary of the Facts: | Taurus Caldwell was found guilty of possession of marijuana with intent to distribute. He was sentenced to thirty years. His conviction and sentence were affirmed on appeal. Caldwell next filed a motion with the supreme court for leave to proceed with a motion for post-conviction relief. The supreme court denied his application, finding that his claims were either procedurally barred or without merit. He filed another motion with the supreme court, which was denied as a successive writ. Caldwell filed a motion with the trial court to reduce his sentence which the court dismissed. He appeals. |
| Summary of Opinion Analysis: | Caldwell argues that both of his issues constitute plain error and should be reviewed. Because the supreme court denied Caldwell permission to proceed with his motion, the trial court lacked jurisdiction to entertain his request for post-conviction relief. Likewise, the appellate court lacks jurisdiction to entertain an appeal of that action. |
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