Willis v. State


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Docket Number: 2005-CP-02341-COA
Linked Case(s): 2005-CP-02341-COA

Court of Appeals: Opinion Link
Opinion Date: 10-03-2006
Opinion Author: Ishee, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Request for designation of record - Section 99-39-5
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ.
Procedural History: PCR
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 10-12-2005
Appealed from: Leake County Circuit Court
Judge: Marcus D. Gordon
Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED.
Case Number: 05-CV-126-A-LE-G

  Party Name: Attorney Name:  
Appellant: Robin L. Willis




ROBIN L. WILLIS (PRO SE)



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  

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Topic: Post-conviction relief - Request for designation of record - Section 99-39-5

Summary of the Facts: Robin Willis filed a pro se “Request for Designation of the Record” in the Circuit Court of Leake County seeking to “borrow the record for a period of (90) days pursuant to Rule 10(b)(1).” The circuit court entered an order denying Willis’s motion for post-conviction relief. Willis appeals.

Summary of Opinion Analysis: Willis argues that the court erred in refusing to grant his request pursuant to M.R.A.P. 10(b)(1). Although he also suggests that newly discovered evidence is now available that was not available at the time he entered his guilty plea, he did not raise the issue of newly discovered evidence in the court below. Consequently, this issue is precluded from appellate review. Willis’ request for designation of the record was not a proper motion filed pursuant to the Post-Conviction Collateral Relief Act. Pursuant to section 99-39-5, the desire to pursue a civil action is not a ground for relief under the Mississippi Uniform Post-Conviction Collateral Relief Act.


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