Glass v. State
Docket Number: | 2009-CP-00370-COA Linked Case(s): 2009-CP-00370-COA ; 2009-CT-00370-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 03-09-2010 Opinion Author: Roberts, J. Holding: Affirmed |
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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 |
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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 |
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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: | ROBERT MORRIS GLASS |
PRO SE |
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Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT |
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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. |
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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