Johnson v. State
| Docket Number: | 2009-CP-00486-COA Linked Case(s): 2009-CP-00486-COA ; 2009-CT-00486-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-06-2010 Opinion Author: Griffis, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Newly discovered evidence Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Barnes, Ishee, Roberts and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Concur in Part, Concur in Result 1: Irving, 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 COLLATERAL RELIEF DENIED Case Number: M2003-540 |
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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: | Sammie Johnson a/k/a Sammie Lee Johnson |
MICHAEL ANTHONY WILLIAMS |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY, JR. | ||
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 - Successive writ - Newly discovered evidence |
| Summary of the Facts: | Sammie Johnson entered a guilty plea to capital murder, and the circuit court sentenced Johnson to life without the possibility of parole. Subsequently, Johnson filed three separate motions for post-conviction collateral relief. There was no appeal taken from the denial of his first two motions. He appealed the denial of his third motion for post-conviction collateral relief, and the appellate court affirmed the denial. Johnson then filed a motion titled “Application for Leave to File Successive Motion for Post-Conviction Collateral Relief to Vacate and Set Aside Sentence and Conviction.” The court denied the motion. Johnson appeals. |
| Summary of Opinion Analysis: | Johnson has filed three motions for post-conviction collateral relief prior to this motion; therefore, his claims are barred. Johnson argues that there is newly-discovered evidence and he presented an affidavit in which another person claims to have committed the murder. However, Johnson’s sworn testimony in which he admitted that he was guilty of the murder negates his current claim that there is newly-discovered evidence that proves his innocence. In addition, Johnson does not explain how he discovered this new testimony nor does he explain why this information could not have been discovered before he entered his guilty plea. Thus, Johnson’s fourth motion for post-conviction collateral relief is barred as a successive writ. |
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