Amerson v. State
| Docket Number: | 2009-CP-00630-COA Linked Case(s): 2009-CP-00630-COA ; 2009-CT-00630-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 12-08-2009 Opinion Author: IRVING, J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Section 99-39-7 Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., GRIFFIS, BARNES, ISHEE, CARLTON AND MAXWELL, JJ. Non Participating Judge(s): ROBERTS, J. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF; Dismissal |
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| Trial Court: |
Date of Trial Judgment: 03-12-2009 Appealed from: Lauderdale County Circuit Court Judge: Lester F. Williamson Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 09-CV-016(W) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | THOMAS J. AMERSON |
THOMAS J. AMERSON (PRO SE) |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: LISA LYNN BLOUNT | ||
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 - Section 99-39-7 |
| Summary of the Facts: | Thomas Amerson was convicted of arson and, in a separate cause number, of destroying public property and disorderly conduct. He was sentenced in the aggregate to ten years’ imprisonment as a habitual offender. At the time of his convictions, Amerson was also serving a five-year sentence for carrying a concealed weapon. Amerson appealed the arson conviction, which was affirmed. Amerson unsuccessfully sought permission from the Mississippi Supreme Court to pursue post-conviction relief. Amerson filed a PCR motion anyway, challenging his sentence for the arson conviction. The court found it lacked jurisdiction, and Amerson appeals. |
| Summary of Opinion Analysis: | Pursuant to section 99-39-7, the circuit court was correct that it did not have jurisdiction to consider Amerson’s PCR motion. |
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