Clark v. State
| Docket Number: | 2009-CP-00482-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 01-11-2011 Opinion Author: Irving, J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Defective indictment Judge(s) Concurring: Lee, P.J., Myers, P.J., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ. Concurs in Result Only: King, C.J., and Carlton, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 09-02-2009 Appealed from: Coahoma County Circuit Court Judge: Albert B. Smith, III Disposition: Motion for Post-Conviction Relief Denied Case Number: 2003-0079 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Cornell Clark |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE B. WOOD | ||
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 - Defective indictment |
| Summary of the Facts: | Cornell Clark pled guilty to kidnapping and armed carjacking. He was sentenced to two thirty-year sentences, with ten years of each thirty-year sentence suspended. Clark filed a motion for records and transcripts, and two years later, filed a petition for order to show cause. The circuit court denied Clark’s motion and petition, noting that a valid guilty plea operates as a waiver of all technical and non-jurisdictional defects in an indictment. Clark appeals. |
| Summary of Opinion Analysis: | Issue 1: Time bar Clark did not file his petition until four years after the entry of his guilty plea. Without an applicable exception to the three-year statute of limitations, Clark’s petition is time-barred. Issue 2: Defective indictment Even if Clark’s petition was not time-barred, the issue raised in his petition regarding the defective indictment is without merit and was effectively waived by Clark when he pled guilty. Clark raises five other issues for the first time on appeal, including that his plea was involuntary; he received ineffective assistance of counsel; his due-process rights were violated; the circuit court violated the Mississippi Rules of Appellate Procedure; and he received an excessive sentence. However, only the defective-indictment issue was raised in his PCR motion. By failing to raise these issues before the circuit court, Clark is precluded from raising them on appeal. |
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