Sanders v. State
| Docket Number: | 2005-CP-02141-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-14-2006 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Ineffective assistance of counsel - Time bar Judge(s) Concurring: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 11-01-2005 Appealed from: Lincoln County Circuit Court Judge: Mike Smith Disposition: DENIED MOTION FOR POST-CONVICTION RELIEF Case Number: 2005-326-LT-LS |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mervin Sanders |
MERVIN SANDERS (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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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. |
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| Topic: | Post-conviction relief - Ineffective assistance of counsel - Time bar |
| Summary of the Facts: | Mervin Sanders was convicted of possession of cocaine with intent to deliver. Evidence of his two prior drug convictions was introduced, and Sanders was sentenced to thirty years as a habitual offender. Sanders appealed, and his conviction was affirmed. Sanders then filed a motion for post-conviction relief and a motion for summary judgment. The State filed a cross-motion for summary judgment which the court granted. Sanders appealed, and the Court of Appeals affirmed. Sanders then filed a motion to vacate and set aside his convictions and thirty year sentence as a habitual offender. The court denied the motion, and Sanders appeals. |
| Summary of Opinion Analysis: | Sander’s ineffective assistance of counsel claim from his 1983 conviction is well past the three year statute of limitations. In addition, Sanders has presented no evidence that the 1983 probation revocation required counsel or that the court denied his request for appointed counsel. |
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