Sanders v. State
| Docket Number: | 2008-CP-01052-COA Linked Case(s): 2008-CP-01052-COA ; 2008-CT-01052-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-17-2010 Opinion Author: Lee, P.J. Holding: Affirmed; The motion for rehearing is denied, and this opinion is issued in lieu of our previous per curiam affirmance. |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Successive writ - M.R.C.P. 60(b) Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee and Maxwell, JJ. Non Participating Judge(s): Carlton, J. Concurs in Result Only: Roberts, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 09-10-2008 Appealed from: PIKE COUNTY CIRCUIT COURT Judge: Michael M. Taylor Disposition: DENIED MOTION FOR POSTCONVICTION RELIEF Case Number: 08-051-PCT |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Mervin Sanders |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD | ||
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 - Successive writ - M.R.C.P. 60(b) |
| Summary of the Facts: | The motion for rehearing is denied, and this opinion is issued in lieu of the previous per curiam affirmance. Mervin Sanders was convicted of possession of cocaine with intent to deliver and was sentenced as a habitual offender to thirty years. The Supreme Court affirmed Sanders’s conviction and sentence. Sanders filed a motion for post-conviction relief and a motion for summary judgment asserting the issues raised in his motion for post-conviction relief. The State filed a cross-motion for summary judgment, which was granted. Sanders appealed, and the Court of Appeals affirmed. Several years later, Sanders filed a motion to vacate and set aside his conviction and sentence. The motion was denied, and the denial was affirmed on appeal. Several years later, Sanders filed a motion pursuant to M.R.C.P. 60(b) to set aside his conviction and sentence. The court denied the motion, and Sanders appeals. |
| Summary of Opinion Analysis: | The statute of limitations for Sanders’s motion for post-conviction relief was three years from the Supreme Court’s ruling on direct appeal. The Supreme Court ruled on Sanders’s direct appeal in 2002, and the motion seeking post-conviction relief was filed with the trial court on February 22, 2008. Therefore, Sanders’s motion is time-barred. It is also barred as a successive writ. Also, a motion made pursuant to Rule 60(b) must be made within a reasonable time. Sanders’s conviction occurred in 1991. His Rule 60(b) motion was filed in 2008. Seventeen years is not a reasonable time. |
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