Barnes v. State
| Docket Number: | 2009-CP-01405-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-02-2010 Opinion Author: Maxwell, J. Holding: Dismissed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Timeliness of appeal - M.R.A.P. 4(a) - M.R.A.P. 2(a)(1) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Carlton, JJ. Non Participating Judge(s): Irving, J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF; Dismissal |
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| Trial Court: |
Date of Trial Judgment: 05-05-2009 Appealed from: PIKE COUNTY CIRCUIT COURT Judge: David H. Strong, Jr. Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 07027PKT-1 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Roosevelt Barnes |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE | ||
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 - Timeliness of appeal - M.R.A.P. 4(a) - M.R.A.P. 2(a)(1) |
| Summary of the Facts: | Roosevelt Barnes entered a guilty plea to forgery and was sentenced to ten years, with one year to serve in the Intensive Supervision Program (house arrest) and the remaining nine years suspended. Because of Barnes’s alleged failure to successfully comply with the terms of his house arrest, he was required to serve the remainder of his sentence in MDOC custody. On October 16, 2008, he made his first of three filings with the circuit court. The latest motion was treated as a second motion for post-conviction relief and dismissed. Barnes appeals. |
| Summary of Opinion Analysis: | M.R.A.P. 4(a) provides appellants thirty days from the entry of judgment to file notices of appeal. Under M.R.A.P. 2(a)(1), an appeal shall be dismissed if the notice of appeal was not timely filed pursuant to Rules 4 or 5. Barnes did not file his August 21, 2009, notice of appeal until more than six months after the February 2, 2009, entry of the order denying post-conviction relief and more than three months after the May 11, 2009, entry of the order dismissing Barnes’s subsequent petitions as successive writs and procedurally barred. Instead of timely appealing, Barnes decided to pursue federal habeas corpus review. Only after an August 2009 federal order did he seek appellate review in the Mississippi courts of the circuit court’s February 2, 2009, order denying him post-conviction relief. Because Barnes does not show good cause under Rule 2(a) for filing his notice of appeal 201 days after the entry of order denying his motion for post-conviction relief, his appeal is dismissed for lack of jurisdiction. |
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