Chapman v. State
| Docket Number: | 2007-CP-00725-COA Linked Case(s): 2007-CT-00725-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-20-2010 Opinion Author: Maxwell, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - DNA testing - Section 99-39-5(1)(f) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 10-05-2007 Appealed from: Hinds County Circuit Court Judge: W. Swan Yerger Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: T-94,T-95 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Richard Chapman |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY, JR. |
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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 - Time bar - DNA testing - Section 99-39-5(1)(f) |
| Summary of the Facts: | Richard Chapman was convicted of rape. He later pled guilty to robbing the rape victim. Approximately twenty-four years later, Chapman sought post-conviction relief. The court dismissed his motion as time barred. Chapman appeals. |
| Summary of Opinion Analysis: | Chapman argues that he is actually innocent of rape and that DNA testing of biological evidence in his case would exonerate him. In 2009, the Legislature amended the Mississippi Uniform Post-Conviction Collateral Relief Act to allow an inmate to file a motion to request forensic DNA testing of biological evidence. However, Chapman filed his PCR motion in 2006, well before current section 99-39-5(1)(f) took effect. Under the law existing at the time he filed his motion, he failed to provide statutorily mandated supporting affidavits and offered nothing to trigger an exception to the three-year statute of limitations, which had expired. Thus, his PCR motion is procedurally barred. |
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