Dixon v. State
| Docket Number: | 2009-CP-00948-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-01-2011 Opinion Author: Ishee, J. Holding: Affirmed. |
|
| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) Judge(s) Concurring: Lee and Myers, P.JJ., Griffis and Maxwell, JJ. Concurs in Result Only: King, C.J., Irving, Barnes and Roberts, JJ., concur in result only without separate written opinion. Carlton, J., concurs in result only with separate written opinion. Procedural History: PCR; Dismissal Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
| Trial Court: |
Date of Trial Judgment: 05-20-2009 Appealed from: YAZOO COUNTY CIRCUIT COURT Judge: JANNIE M. LEWIS Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2009-CI34 |
|
| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Rotheleo Dixon |
PRO SE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY | ||
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. |
|
| Topic: | Post-conviction relief - Time bar - Section 99-39-5(2) |
| Summary of the Facts: | Rotheleo Dixon pled guilty to the crime of murder and was sentenced to life. Dixon subsequently filed a pro se petition for sentence reduction which was considered by the circuit court as a motion for post-conviction relief. The court dismissed the motion, and Dixon appeals. |
| Summary of Opinion Analysis: | Section 99-39-5(2) provides, in part, that a prisoner who has entered a guilty plea, has three years following entry of judgment on the guilty plea to file a PCR motion. Failure to file within the period of the three-year statute of limitations procedurally bars the appeal of the dismissal of the motion. Dixon’s petition was filed on April 21, 2009, approximately four years after his conviction. Thus, it is procedurally barred. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
