Vance v. State
| Docket Number: | 2005-CP-02150-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-31-2006 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Timeliness of appeal - M.R.A.P. 2(a)(1) - M.R.A.P. 2(c) - Successive writ Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, 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: 10-12-2005 Appealed from: Clay County Circuit Court Judge: Lee J. Howard Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED. Case Number: 2003-0288 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Frederick Vance a/k/a Fredrick Vance |
FREDERICK VANCE (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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 - Timeliness of appeal - M.R.A.P. 2(a)(1) - M.R.A.P. 2(c) - Successive writ |
| Summary of the Facts: | Frederick Vance pled guilty to aggravated assault and received a ten-year suspended sentence, five years of supervised probation, and a $1,000 fine. Less than one year later, Vance violated his probation, and it was revoked. Vance filed a motion for post-conviction relief which was denied. He appealed, and the Court of Appeals affirmed. Vance later filed an “extraordinary writ” with the Mississippi Supreme Court, which was denied. Vance then filed a “Petition for Writ of Habeas Corpus” which was denied twice by the circuit court. The circuit court’s second denial was in response to a motion Vance filed for reinstatement of his habeas corpus petition. Vance appeals. |
| Summary of Opinion Analysis: | Vance’s notice of appeal was not received by the circuit court for filing within thirty days of the order of the circuit court. M.R.A.P. 2(a)(1) provides that an appeal shall be dismissed if the notice of appeal is not timely filed. Pursuant to M.R.A.P. 2(c), the Court may suspend the requirements of the appellate rules in the interest of justice. There is no way to tell when Vance’s petition was given to prison officials to mail or when Vance received notice of the ruling on his motion by the circuit court. Because of the unique circumstances presented in this case, the Court will suspend the thirty-day filing requirement to the extent Vance’s filing may have been untimely under the prison mailbox rule. Vance appeals the denial of his self-styled “Petition for Writ of Habeas Corpus.” Any additional motions for post-conviction relief, however denominated, but actually functioning as a post-conviction relief motion, shall be properly dismissed as a successive writ. Therefore, Vance’s current petition for “writ of habeas corpus” is procedurally barred, as it is actually a second motion for post-conviction relief. |
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