Madden v. State


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Docket Number: 2009-CP-00620-COA
Linked Case(s): 2009-CP-00620-COA

Court of Appeals: Opinion Link
Opinion Date: 06-29-2010
Opinion Author: Maxwell, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Successive writ - Time bar
Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Roberts, JJ.
Non Participating Judge(s): Carlton, J.
Concurs in Result Only: King, C.J.
Procedural History: PCR; Dismissal
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 02-26-2009
Appealed from: Harrison County Circuit Court
Judge: Jerry O. Terry, Sr.
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: A2401-2005/B2401-2002-7

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Willie Lee Madden, Jr.




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  

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

Summary of the Facts: Willie Madden Jr. pled guilty to the transfer of cocaine. Madden filed a motion for post-conviction relief which the circuit court dismissed. The dismissal was affirmed on appeal. Madden filed a second PCR motion, which the circuit court also dismissed. Madden appeals.

Summary of Opinion Analysis: An order dismissing a PCR motion is final and is a bar to a second or successive motion. Madden fails to provide any reason that the successive-writ bar should not apply. In addition, it is time barred. He filed his second PCR motion after the three-year limitation period had expired.


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