Moss v. State


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Docket Number: 2009-CP-02027-COA

Court of Appeals: Opinion Link
Opinion Date: 10-05-2010
Opinion Author: Griffis, J.
Holding: Affirmed.

Additional Case Information: Topic: Post-conviction relief - Time bar
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: PCR; Dimissal
Nature of the Case: CIVIL - POST-CONVICTION RELIEF; Dismissal

Trial Court: Date of Trial Judgment: 11-19-2009
Appealed from: Lauderdale County Circuit Court
Judge: Lester F. Williamson
Disposition: PETITION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED
Case Number: 09-144(W)

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: LaCarlos Moss




LACARLOS MOSS (PRO SE)



 

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

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Topic: Post-conviction relief - Time bar

Summary of the Facts: LaCarlos Moss pled guilty to attempted armed robbery and was sentenced to sixteen years. He filed a petition for post-conviction collateral relief which the court dismissed. He appeals.

Summary of Opinion Analysis: Moss pled guilty, and his judgment of conviction was entered on January 23, 1998. Moss filed his petition for post-conviction collateral relief more than eleven years later, on November 6, 2009. This was well outside the three-year statute of limitations. The claims he makes are insufficient to invoke the fundamental-rights exception to the statute’s time bar.


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