Martin v. State
| Docket Number: | 2010-CP-00974-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-31-2011 Opinion Author: Irving, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar Judge(s) Concurring: Lee, C.J., Griffis, P.J., Myers, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ. Non Participating Judge(s): Russell, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-19-2010 Appealed from: Lincoln County Circuit Court Judge: David H. Strong Disposition: Motion for Post-Conviction Relief Denied Case Number: 03-265-MS |
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| Note: | En Banc Opinion | |
| Party Name: | Attorney Name: | |||
| Appellant: | Jason Christopher Martin |
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 - Time bar |
| Summary of the Facts: | Jason Martin pled guilty to possession of marijuana with intent to distribute. He was sentenced to fifteen years. Almost six years after he had pled guilty, Martin filed a motion for post-conviction relief. The court denied the motion as untimely. Martin appeals. |
| Summary of Opinion Analysis: | Martin has provided no evidence that was not reasonably discoverable at trial, nor has he alleged that there is an intervening decision that would have changed the outcome of his trial. Martin has also failed to show an error affecting his fundamental constitutional rights, which would overcome the procedural bar to his claims. In addition, the record belies Martin’s contention that he was not informed as to the elements of the crime of possession of marijuana with intent to distribute and his claim that he thought he would receive a sentence of only eight years’ imprisonment. Accordingly, this issue is procedurally barred and is also without merit. |
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