Salter v. State
| Docket Number: | 2010-CP-00098-COA Linked Case(s): 2010-CP-00098-COA ; 2010-CT-00098-COA |
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| 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 - Successive writ Judge(s) Concurring: King, C.J., Lee, P.J., Irving, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Myers, P.J. Concurs in Result Only: Barnes, J., concurs in result only without separate written opinion. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 11-23-2009 Appealed from: George County Circuit Court Judge: Robert P. Krebs Disposition: PETITION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED Case Number: 2009-00,75(1) |
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| Party Name: | Attorney Name: | |||
| Appellant: | William Dwayne Salter |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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 - Successive writ |
| Summary of the Facts: | William Salter pled guilty to four counts of kidnaping, two counts of armed robbery, and one count of burglary. He received six thirty-year sentences – one for each count of kidnaping and armed robbery – to run concurrently, and a seven year sentence on the burglary charge, to run consecutively to the thirty-year sentences. Salter filed a motion for post-conviction relief which was denied. The denial was affirmed on appeal. Salter filed a second petition for post-conviction collateral relief which the court dismissed as a successive writ. Salter appeals. |
| Summary of Opinion Analysis: | Salter argues that his guilty plea was involuntary and that his trial counsel was ineffective because both his attorney and the circuit court misinformed him about his eligibility for parole and earned time release. It appears the circuit court thought Salter could start accruing earned time after serving the first ten years of his sentence. At one point in time, it was true that an inmate serving a sentence for armed robbery would have to serve the first ten years “day-for-day” but would become eligible for parole and earned time after serving the first ten years. However, that is not the current law, and it was not the law when Salter committed his crimes. Had Salter raised this issue in his first petition for post-conviction collateral relief, it appears that he would have been entitled to an evidentiary hearing. However, Salter did not raise the issue in his first petition. His current petition was correctly dismissed by the circuit court as a successive writ. |
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