Smith v. State
| Docket Number: | 2009-CP-00812-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-02-2010 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Petition for Writ of Habeas Corpus Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 04-22-2009 Appealed from: Harrison County Circuit Court Judge: Lawrence P. Bourgeois, Jr. Disposition: PETITION FOR WRIT OF HABEAS CORPUS DENIED Case Number: A2401-09-114 |
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| Note: | Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down. | |
| Party Name: | Attorney Name: | |||
| Appellant: | TERRANCE SMITH |
PRO SE |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
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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 - Successive writ |
| Summary of the Facts: | Terrance Smith pled guilty to the crime of forcible sexual intercourse. Pursuant to the plea agreement, Smith was sentenced to fifteen years’ imprisonment, with twelve years suspended, leaving him with three years to serve and three years of probation. After serving the three years, Smith was released on probation. His probation was later revoked, and he was sentenced to serve the twelve remaining years of his fifteen-year sentence. Smith filed a pro se “Petition for Writ of Habeas Corpus” which the court denied. Smith appeals. |
| Summary of Opinion Analysis: | Although Smith did not style his petition as a motion for post-conviction relief, the motion should have been treated as such. Regardless, Smith’s motion is procedurally barred as a successive writ. The petition for habeas corpus relief was Smith’s third attempt to receive post-conviction relief. |
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