HEARRON v. STATE


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Docket Number: 2009-CP-00366-COA
Linked Case(s): 2009-CP-00366-COA ; 2009-CT-00366-DCT

Court of Appeals: Opinion Link
Opinion Date: 01-25-2011
Opinion Author: Judge Ishee
Holding: Affirmed.

Additional Case Information: Topic: Post-conviction relief - Successive writ - Section 99-39-23(6)


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

Summary of the Facts: After three separate convictions of drug charges over a span of several years, Khristoffer Hearron was sentenced to thirty years as a habitual offender. He appealed his conviction at least once, in 1998, and it was denied in 1999. He filed a motion for post-conviction relief which was dismissed as a successive writ. He appeals.

Summary of Opinion Analysis: Section 99-39-23(6) provides that second or successive PCR motions are procedurally barred. Though the record is ambiguous as to Hearron’s procedural history, there is no question that Hearron’s current PCR motion on appeal is not his first PCR motion to have been filed and adjudicated. Indeed, the record unquestionably shows that Hearron filed a PCR motion in 1998 which was denied by the circuit court in 1999. Hence, the PCR motion on appeal is a successive writ.


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