Rowland v. State
| Docket Number: | 2008-CT-00731-SCT Linked Case(s): 2008-CP-00731-COA ; 2008-CP-00731-COA ; 2008-CT-00731-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 07-29-2010 Opinion Author: Lamar, J. Holding: Reversed and remanded. |
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| Additional Case Information: |
Topic: Post-conviction relief - Double jeopardy - Procedural bar Judge(s) Concurring: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Chandler and Pierce, JJ. Concur in Part, Dissent in Part 1: Kitchens, J., with separate written opinion Concur in Part, Dissent in Part Joined By 1: Joined In Part by Graves, P.J. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF; Dismissal Writ of Certiorari: yes Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 01-10-2008 Appealed from: WASHINGTON COUNTY CIRCUIT COURT Judge: W. Ashley Hines Disposition: Robert Rowland and two codefendants pleaded guilty to two counts of armed robbery and two counts of capital murder stemming from a 1979 incident. Rowland filed the instant petition for post-conviction collateral relief in 2007, claiming that the convictions and sentences for armed robbery violate his fundamental right against double jeopardy, as they were the underlying felonies for the capital-murder convictions. The trial court dismissed Rowland’s petition as time-barred, and the Court of Appeals affirmed. District Attorney: Willie Dewayne Richardson Case Number: 2007-256 |
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| Note: | This opinion reverses and remands a previous judgment by the Court of Appeals. See the original COA opinion at: http://www.mssc.state.ms.us/Images/Opinions/CO56804.pdf | |
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Robert Stanley Rowland |
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 - Double jeopardy - Procedural bar |
| Summary of the Facts: | Robert Rowland and two codefendants pled guilty to two counts of armed robbery and two counts of capital murder stemming from a 1979 incident. Rowland filed a petition for post-conviction collateral relief in 2007, claiming that the convictions and sentences for armed robbery violate his fundamental right against double jeopardy, as they were the underlying felonies for the capital-murder convictions. The trial court dismissed Rowland’s petition as time-barred, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The Court of Appeals declined to except Rowland’s double-jeopardy claim from procedural bars, since caselaw has indicated that errors affecting fundamental constitutional rights may be excepted from procedural bars. While Mississippi jurisprudence in this area has been less than consistent, the Court now holds, unequivocally, that errors affecting fundamental constitutional rights are excepted from the procedural bars of the UPCCRA. To the extent that there are cases which conflict with this holding, they are expressly overruled. Rowland’s arguments – insofar as they implicate his fundamental constitutional right to be free from double jeopardy – are excepted from the procedural bars of the UPCCRA. The case is therefore remanded for an evidentiary hearing. |
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