Madden v. State
Docket Number: | 2009-CP-00620-COA Linked Case(s): 2009-CP-00620-COA |
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Court of Appeals: |
Opinion Link Opinion Date: 06-29-2010 Opinion Author: Maxwell, J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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. |
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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