White v. Epps
Docket Number: | 2010-CP-00008-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 02-08-2011 Opinion Author: Lee, P.J. Holding: Affirmed. |
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Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Section 99-39-7 Judge(s) Concurring: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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Trial Court: |
Date of Trial Judgment: 12-03-2009 Appealed from: JONES COUNTY CIRCUIT COURT Judge: BILLY JOE LANDRUM Disposition: DENIED POST-CONVICTION RELIEF Case Number: 2009-16-CV10 |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | Robert E. White, III |
PRO SE |
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Appellee: | Christopher B. Epps | OFFICE OF THE ATTORNEY GENERAL: JANE L. MAPP |
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 - Jurisdiction - Section 99-39-7 |
Summary of the Facts: | Robert E. White III was convicted of manslaughter and was sentenced to twenty years. His conviction was affirmed on appeal. Approximately ten years after his conviction, White filed a writ of habeas corpus. The court determined that White had failed to obtain permission from the Mississippi Supreme Court to file his motion as required by section 99-39-7 and that White’s motion was filed outside the three-year statute of limitations. The court denied the motion, and White appeals. |
Summary of Opinion Analysis: | Section 99-39-7 requires that a defendant must seek permission from the supreme court before filing a motion for post-conviction relief in the trial court. Because White did not have permission from the supreme court, the trial court did not have jurisdiction to hear his motion for post-conviction relief. |
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