Loden v. State


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Docket Number: 2010-CP-00642-COA

Court of Appeals: Opinion Link
Opinion Date: 03-15-2011
Opinion Author: Myers, J.
Holding: Affirmed.

Additional Case Information: Topic: Post-conviction relief - Successive writ - Time bar
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 03-01-2010
Appealed from: Prentiss County Circuit Court
Judge: Thomas J. Gardner, III
Disposition: Motion fo Post-Conviction Relief Denied
Case Number: CV01-118-G-PR

  Party Name: Attorney Name:  
Appellant: Timothy Nash Loden




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER  

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Topic: Post-conviction relief - Successive writ - Time bar

Summary of the Facts: Timothy Loden pled guilty as a habitual offender to the charge of capital murder. Loden was sentenced to life without eligibility of probation or parole. In 2001, Loden filed his first post-conviction relief motion, in which he claimed that his guilty plea was involuntary and that he had received ineffective assistance of counsel. The court denied the relief sought, and the Court of Appeals affirmed on appeal. In 2010, Loden filed another PCR motion which the court denied. Loden appeals.

Summary of Opinion Analysis: An order denying a motion for post-conviction relief is considered a final judgment and a bar to a second or successive motion. Loden bears the burden of proving that he satisfied at least one of the exceptions to the successive-writ bar. Loden fails to meet his burden. The record shows that Loden’s habitual-offender status was clearly established when he entered his guilty plea. And Loden expressly waived his right to a bifurcated hearing. Loden’s PCR motion is also time-barred.


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