Walker v. State
| Docket Number: | 2009-CP-00221-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-14-2010 Opinion Author: Griffis, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Designation of record - M.R.A.P. 10(b) Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Myers, P.J. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 01-27-2009 Appealed from: WILKINSON COUNTY CIRCUIT COURT Judge: Lillie Blackmon Sanders Disposition: PETITION FOR POST- CONVICTION COLLATERAL RELIEF DENIED Case Number: 2008-128 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Demario Walker |
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 - Designation of record - M.R.A.P. 10(b) |
| Summary of the Facts: | Demario Walker pled guilty to aiding the escape of a felon and was sentenced to five years. He filed a petition for post-conviction collateral relief which was denied. His appeal was dismissed as untimely. Walker then filed a “Petition to Clarify Sentence” which the court denied. Walker appeals. |
| Summary of Opinion Analysis: | The “Petition to Clarify Sentence” is not in the record. It is the responsibility of the appellant to designate the record pursuant to M.R.A.P. 10(b) in a manner sufficient to allow the Court to review the appellant's issues. Walker’s brief makes no arguments whatsoever about his sentence. Instead, he argues that his trial counsel was ineffective, that his guilty plea was involuntary, that cumulative errors require reversal, and that he is actually innocent. Even if these arguments had been made in his petition, they would be procedurally barred. Walker’s first petition for post-conviction collateral relief – the first to attack his conviction for aiding the escape of a felon – was denied by the circuit court, and he failed to timely pursue an appeal. |
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