Glass v. State


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Docket Number: 2009-CP-00370-COA
Linked Case(s): 2009-CP-00370-COA ; 2009-CT-00370-SCT

Court of Appeals: Opinion Link
Opinion Date: 03-09-2010
Opinion Author: Roberts, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Successive writ - Time bar
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Maxwell, JJ.
Non Participating Judge(s): Carlton, J.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 02-27-2009
Appealed from: MARSHALL COUNTY CIRCUIT COURT
Judge: Andrew K. Howorth
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED
Case Number: CV08-512

Note: Due to a military leave of absence, Hon. Virginia C. Carlton did not participate in this hand down.

  Party Name: Attorney Name:  
Appellant: ROBERT MORRIS GLASS




PRO SE



 

Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT  

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Topic: Post-conviction relief - Successive writ - Time bar

Summary of the Facts: Robert Glass pled guilty to murder in 1999. After being sentenced, he filed a petition for post-conviction relief, which was denied by the trial court. Glass appealed, and the appellate court affirmed the trial court’s ruling. Glass filed a second petition for PCR which was also summarily denied by the trial court. Glass appeals.

Summary of Opinion Analysis: A trial court’s grant or denial of a petition for PCR is a final judgment, and it shall be a bar to a second or successive motion. In addition to the procedural bar against a successive writ, Glass’s current petition, had it been his first plea for review, would nonetheless be time barred.


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