Runnels v. State
| Docket Number: | 2008-CP-02053-COA Linked Case(s): 2008-CP-02053-COA ; 2008-CT-02053-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-16-2010 Opinion Author: Carlton, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentences - Time bar - Section 99-39-5(2) - Successive petitions - Section 99-39-23(6) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF; Dismissal |
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| Trial Court: |
Date of Trial Judgment: 11-20-2008 Appealed from: Claiborne County Circuit Court Judge: Lamar Pickard Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 98-0046 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | BRIAN RUNNELS |
PRO SE |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: 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. |
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| Topic: | Post-conviction relief - Illegal sentences - Time bar - Section 99-39-5(2) - Successive petitions - Section 99-39-23(6) |
| Summary of the Facts: | Brian Runnels pled guilty to manslaughter and armed robbery in 1995, and received sentences of twenty years for the manslaughter and sixteen years for the armed robbery. Runnels thereafter filed multiple motions for post-conviction relief. In 2008, Runnels filed a motion for writ of habeas corpus in the circuit court in which he alleged that he was being held under an illegal sentence. The circuit court dismissed the motion, which it treated as a motion for post-conviction relief, and Runnels appeals. |
| Summary of Opinion Analysis: | Section 99-39-5(2) provides that, in case of a guilty plea, petitioners must raise a motion for post-conviction relief within three years after entry of the judgment of conviction. Section 99-39-23(6) also provides that all successive petitions are barred if a petitioner has filed a previous motion for post-conviction relief. Runnels argues that his sentences for armed robbery and manslaughter have expired, because, according to Runnels, he was only required to serve fifty percent of his sentence. Runnels was lawfully sentenced to serve twenty years for manslaughter and sixteen years for armed robbery, with the sentences to run consecutively. Neither of Runnels’s sentences exceeded the maximum sentences allowed by statute and fail to constitute illegal sentences. Because Runnels was sentenced on April 25, 1995, his sentences have not yet expired. |
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