Pickle v. State


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Docket Number: 2009-CP-01404-COA
Linked Case(s): 2009-CP-01404-COA ; 2009-CT-01404-SCT

Court of Appeals: Opinion Link
Opinion Date: 11-30-2010
Opinion Author: Ishee, J.
Holding: Affirmed.

Additional Case Information: Topic: Post-conviction relief - Successive writ - Section 99-39-23(6) - Time bar
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ.
Procedural History: PCR; Dismissal
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 08-19-2009
Appealed from: LEFLORE COUNTY CIRCUIT COURT
Judge: Richard Smith
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: 19,107

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: C. D. Pickle Jr.




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS  

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Topic: Post-conviction relief - Successive writ - Section 99-39-23(6) - Time bar

Summary of the Facts: In 1978, C.D. Pickle Jr. was convicted of capital murder and sentenced to life. In 1997 and in 2004, he filed motions for post-conviction relief. In 2009, Pickle filed the following: “Motion for Reconsideration of Court’s Findings of Fact, to Vacate it’s [sic] Interlocutory Order as Void and to Supplement Pending Petition for Out-of-Time Appeal Complaint with Joinder of Appeal Claims of Constitutional Trial Errors, Before Final Judgment Order is Rendered by this Court.” The court dismissed the motion, and Pickle appeals.

Summary of Opinion Analysis: Under section 99-39-23(6), second or successive PCR motions are procedurally barred. The record clearly indicates the current PCR motion on appeal is Pickle’s third PCR motion. Thus, his motion is procedurally barred. In addition, Pickle’s PCR motion regarding his thirty-two-year-old conviction is time-barred. Also, the circuit court did not err in determining that the PCR motion is frivolous. The circuit court noted that the PCR motion in question is Pickle’s third PCR motion and that Pickle has filed at least six frivolous lawsuits in state and federal court relating to his conviction.


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