Wilson v. State
| Docket Number: | 2010-CP-00158-COA Linked Case(s): 2010-CP-00158-COA ; 2010-CT-00158-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-07-2011 Opinion Author: Irving, P.J. Holding: Affirmed as modified. |
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| Additional Case Information: |
Topic: Post-conviction relief - Writ of coram nobis - Section 99-39-3(1) - Standing to bring motion 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: 11-10-2009 Appealed from: Warren County Circuit Court Judge: James Chaney, Jr. Disposition: Dismissed Motion to Amend Petition for a Writ of Coram Nobis Case Number: 07,0155-CI |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Bobby Earl Wilson, Jr. |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY | ||
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 - Writ of coram nobis - Section 99-39-3(1) - Standing to bring motion |
| Summary of the Facts: | In 2004, Bobby Wilson Jr. was sentenced as a habitual offender to life without eligibility for probation or parole. In 2009, Wilson filed a “Motion to Amend Petition for a Writ of Coram Nobis,” challenging his 1994 conviction for automobile burglary that served, in part, as the basis for his habitual offender status. The circuit court dismissed the motion. Wilson appeals. |
| Summary of Opinion Analysis: | Despite acknowledging in his 2009 motion that he was not entitled to post-conviction relief because he was no longer in custody for the 1994 conviction, Wilson argues that the circuit court should have construed his “Motion to Amend Petition for a Writ of Coram Nobis” as a PCR motion. Based on section 99-39-3(1), the Court has previously held that common-law writs, such as writs of coram nobis, should be construed as PCR motions. Therefore, the circuit court should have construed Wilson’s motion as one for post-conviction relief. Even if Wilson’s motion is treated as a PCR motion, however, Wilson lacks standing to bring the motion because he is no longer serving time under the sentence he complains of. |
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