Gatlin v. State
Docket Number: | 2005-CP-00759-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 06-20-2006 Opinion Author: Chandler, J. Holding: Affirmed |
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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 |
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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) |
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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. |
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. |
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