Johnson v. State


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Docket Number: 2009-CP-00875-COA

Court of Appeals: Opinion Link
Opinion Date: 03-16-2010
Opinion Author: Maxwell, 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 Roberts, JJ.
Non Participating Judge(s): Carlton, J.
Procedural History: PCR; Dismissal
Nature of the Case: CIVIL - POST-CONVICTION RELIEF; Dismissal

Trial Court: Date of Trial Judgment: 05-19-2009
Appealed from: WASHINGTON COUNTY CIRCUIT COURT
Judge: W. Ashley Hines
Disposition: PETITION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: 2009-0100CF

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

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: ALEX DURODE JOHNSON, III




PRO SE



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: STATE OF MISSISSIPPI OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  

    Synopsis provided by:

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

    Summary of the Facts: Alex Johnson pled guilty to possession of an unquantified amount of cocaine. He was sentenced to twelve years, with eight years to serve and four years suspended. He filed a petition for post-conviction which was denied. The denial was affirmed on appeal. Johnson later filed a “Petition to Clarify Sentence” which the court denied as a successive petition. Johnson appeals.

    Summary of Opinion Analysis: Although Johnson’s current petition is styled as a “Petition to Clarify Sentence,” it addresses alleged defects in his indictment. It also takes issue with the legality of his sentence. Johnson’s claims attacking the indictment and sentence are considered grounds for relief under the Mississippi Uniform Post-Conviction Collateral Relief Act. Therefore, the circuit court properly dismissed Johnson’s PCR petition as a successive writ. Johnson’s petition is also time-barred since it was filed after the three-year statute of limitations had run.


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