White v. Epps


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Docket Number: 2010-CP-00008-COA

Court of Appeals: Opinion Link
Opinion Date: 02-08-2011
Opinion Author: Lee, P.J.
Holding: Affirmed.

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

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



 

Appellee: Christopher B. Epps OFFICE OF THE ATTORNEY GENERAL: JANE L. MAPP  

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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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