Gatlin v. State


<- Return to Search Results


Docket Number: 2005-CP-00759-COA

Court of Appeals: Opinion Link
Opinion Date: 06-20-2006
Opinion Author: Chandler, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Time bar
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ.
Procedural History: PCR; Dismissal
Nature of the Case: CIVIL - POST-CONVICTION RELIEF

Trial Court: Date of Trial Judgment: 03-02-2005
Appealed from: Walthall County Circuit Court
Judge: Mike Smith
Disposition: THE COURT DISMISSED THE PCR.
Case Number: 2004-95-B

  Party Name: Attorney Name:  
Appellant: James Gatlin a/k/a Jamie Gatlin




JAMES GATLIN (PRO SE)



 

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

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.

Topic: Post-conviction relief - Time bar

Summary of the Facts: In 2005, James Gatlin filed a motion for post-conviction relief pertaining to his 1992 conviction of armed robbery and capital murder. The court dismissed Gatlin's PCR as time-barred. Gatlin appeals.

Summary of Opinion Analysis: Gatlin argues that he has recently discovered that his appointed counsel at the plea hearing was suspended from the practice of law and that this newly discovered evidence excepts his PCR from the time bar. Contrary to Gatlin's reasoning, the exception to the time bar for newly discovered evidence pertains to evidence that would have affected the outcome of the collaterally attacked proceeding, not information that would have bolstered an earlier motion for post-conviction relief from the results of that proceeding. Gatlin's allegedly newly discovered evidence of his attorney's suspension would not have practically conclusively changed the outcome of the guilty plea hearing that Gatlin collaterally attacks. Gatlin's supportive documentation does not establish that his appointed counsel was suspended from the practice of law during his representation of Gatlin at the plea hearing.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court