Wardley v. State
| Docket Number: | 2009-CP-00064-COA Linked Case(s): 2009-CP-00064-COA ; 2009-CT-00064-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-16-2010 Opinion Author: Roberts, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Procedural bar - Time bar Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Concur in Part, Concur in Result 1: Irving, J., without separate written opinion. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF; Dismissal |
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| Trial Court: |
Date of Trial Judgment: 07-23-2008 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: PETITION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 251-08-427 |
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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: | Brief(s) Available: | ||
| Appellant: | BILLY L. WARDLEY, JR. |
PRO SE |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL: HAROLD EDWARD PIZZETTA III | ||
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 - Procedural bar - Time bar |
| Summary of the Facts: | In 1995, Billy Wardley, Jr. was convicted of the sale of crack cocaine. He was sentenced as a habitual offender to thirty years. His conviction was affirmed on appeal. Approximately thirteen years later, Wardley filed a “petition to show cause,” alleging that he had been denied effective assistance of counsel because the Mississippi Legislature had failed to adequately fund the public defender’s office. The court denied the petition, and Wardley appeals. |
| Summary of Opinion Analysis: | Wardley argues that the circuit court improperly construed his “petition to show cause” as a petition for post-conviction relief or a claim based upon a deprivation of his civil rights. Wardley’s “petition to show cause” was clearly a petition for post-conviction relief. After having no success on direct appeal, Wardley filed a civil action requesting that the circuit court find that he had received ineffective assistance of counsel during his trial. Wardley went on to request that the circuit court reverse his conviction due to that alleged ineffective assistance of counsel. Although Wardley also asked the circuit court to explain why he received ineffective assistance of counsel, that request does not obviate Wardley’s other requests for relief, which are clearly collateral attacks upon his conviction. Wardley was obligated to receive leave from the Mississippi Supreme Court before he filed his petition for post-conviction relief. Having failed to do so, Wardley’s petition is procedurally barred. In addition, Wardley’s petition for post-conviction relief was untimely filed. |
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