Varnado v. State
| Docket Number: | 2009-CP-00264-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-30-2010 Opinion Author: Griffis, J Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Section 99-39-7 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Dismissal; PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 01-14-2009 Appealed from: LINCOLN COUNTY CIRCUIT COURT Judge: Michael M. Taylor Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED Case Number: 2007-207 LT |
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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: | Bobby Varnado, Jr. |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS | ||
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 - Jurisdiction - Section 99-39-7 |
| Summary of the Facts: | Bobby Varnado was convicted of two counts of sexual battery, two counts of rape, and conspiracy to commit the crimes of kidnapping, sexual battery, and rape. He was sentenced to serve a total of sixteen years. Eight years of his sentence were suspended and were to be served on post-release supervision. His conviction and sentence were affirmed on appeal. When Varnado was discharged from prison after serving eight years of his sentence, he signed a document that listed both his crimes and the conditions of his PRS. Months later, the MDOC asked the court to revoke Varnado’s PRS. The MDOC presented an affidavit that listed five material violations. The court revoked Varnado’s PRS. Varnado filed a motion for post-conviction collateral relief which was dismissed. Varnado appeals. |
| Summary of Opinion Analysis: | Section 99-39-7 requires that when a conviction and sentence have been affirmed on direct appeal, a defendant must seek permission from the Supreme Court before filing a motion for post-conviction collateral relief in the circuit court. Varnado failed to obtain permission. Thus, the circuit court did not have jurisdiction to hear his motion. |
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