Ellis v. State
| Docket Number: | 2005-CP-00679-COA Linked Case(s): 2005-CP-00679-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-01-2006 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Successive motion - Ineffective assistance of counsel Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, 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: 02-25-2005 Appealed from: Lowndes County Circuit Court Judge: Lee J. Howard Disposition: DENIED MOTION FOR POST-CONVICTION RELIEF Case Number: 2000-0003-CV1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tyrone Ellis |
TYRONE ELLIS (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: DEIRDRE MCCRORY |
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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 - Successive motion - Ineffective assistance of counsel |
| Summary of the Facts: | Tyrone Ellis pled guilty to the charge of armed robbery and aggravated assault and was sentenced to thirty-five years. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Ellis filed his motion for post-conviction relief more than three years after the trial court accepted his plea of guilty and imposed the thirty-five year sentence. Accordingly, his motion is time barred. In addition, Ellis is procedurally barred from asserting his motion because it is successive. Ellis argues that he was not afforded effective assistance of counsel because counsel encouraged him to plead guilty to armed robbery, which he claims never occurred. The record indicates that Ellis was informed by counsel that he was pleading guilty to armed robbery. There is no evidence that counsel misled Ellis. |
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