Hannah v. State
| Docket Number: | 2009-CP-01655-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2010 Opinion Author: Maxwell, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 09-01-2009 Appealed from: WINSTON COUNTY CIRCUIT COURT Judge: C.E. MORGAN III Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2009-0152 CV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Emma Hanna |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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 |
| Summary of the Facts: | Emma Hannah pled guilty to manslaughter in 2002, and was sentenced to twenty years. Hannah filed her first motion for post-conviction relief in 2003, which the circuit court denied. The Supreme Court reversed and remanded for an evidentiary hearing. Hannah withdrew her PCR motion and requested to return to prison. The court granted her motion. Two-and-a-half years later, Hannah filed a second PCR motion which the court dismissed. Hannah appeals. |
| Summary of Opinion Analysis: | Hannah filed her second PCR motion more than six years after her 2002 guilty plea. Although she alleges new evidence, she had already presented this evidence in her first PCR motion. Thus, her motion is untimely. Based on Hannah’s sworn testimony that it was her wish to withdraw her first PCR motion, Hannah’s withdrawal of her PCR motion was voluntary. |
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