Parker v. State
| Docket Number: | 2008-CP-01350-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-02-2010 Opinion Author: Maxwell, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Section 99-39-5 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: 07-14-2008 Appealed from: NESHOBA COUNTY CIRCUIT COURT Judge: Marcus D. Gordon Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 08-CV-0129-NS-G |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Charles Lee Parker |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT | ||
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 - Jurisdiction - Section 99-39-5 |
| Summary of the Facts: | In 2006, the United States District Court for the Southern District of Mississippi sentenced Charles Parker to life for conspiring to distribute 226.72 grams of crack cocaine. The district court based Parker’s enhanced sentence on two of his prior Mississippi felony marijuana convictions – one from 1980, the other from 1986. The United States Fifth Circuit Court of Appeals affirmed Parker’s conviction and life sentence. In 2008, Parker filed for post-conviction relief in circuit court. He sought to vacate his 1986 marijuana-possession conviction in order to pursue resentencing in federal court to avoid the enhanced life sentence. The circuit court summarily dismissed Parker’s PCR motion. Parker appeals. |
| Summary of Opinion Analysis: | Prior to March 16, 2009, to be eligible to seek post-conviction relief under section 99-39-5, a prisoner had to be in custody under sentence of a court of record of the State of Mississippi. Parker filed his petition and the circuit court denied it prior to the date when the current version section 99-39-5(1) took effect. It is undisputed that Parker was incarcerated in a federal correctional facility–and not under custody of a sentence of a court of record of the State of Mississippi–when he filed his 2008 PCR motion. Therefore, the appellate court, like the circuit court, lacks jurisdiction to consider his request for post-conviction relief. |
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