Jones v. State
| Docket Number: | 2009-CT-01890-SCT Linked Case(s): 2009-CP-01890-COA ; 2009-CP-01890-COA ; 2009-CT-01890-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-09-2011 Opinion Author: Randolph, J. Holding: Vacated. |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and Pierce, JJ. Non Participating Judge(s): King, J. Procedural History: PCR Nature of the Case: PCR Writ of Certiorari: Granted |
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| Trial Court: |
Date of Trial Judgment: 11-13-2009 Appealed from: Lafayette County Circuit Court Judge: Andrew K. Howorth Disposition: Motion for Post-Conviction Relief Denied Case Number: L08-410 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Gerald Jones |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS |
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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 - Jurisdiction |
| Summary of the Facts: | In 2006, the Court of Appeals on its own motion dismissed Gerald Jones' appeal as untimely filed. In 2008, without first requesting leave of the Supreme Court, Jones filed in the trial court a motion for post-conviction collateral relief. The motion was denied, and Jones appealed from that judgment. The Court of Appeals reversed the trial court judgment. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The issue is whether the trial court had jurisdiction to hear Jones’s petition, and whether the Court of Appeals had jurisdiction to hear the appeal. The dismissal of an appeal because it was not perfected in the time and manner required by law has the effect of affirming the appellant’s conviction and sentence. Here, Jones’s direct appeal was dismissed, as it was not timely filed. Regarding post-conviction relief, Jones was required first to present his motion to the Supreme Court. The trial court should have dismissed the petition, and the Court of Appeals erred in failing to address jurisdiction. Thus, those judgments are vacated. |
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