Wildee v. State
| Docket Number: | 2005-CP-00736-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 05-30-2006 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes 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: 03-18-2005 Appealed from: Warren County Circuit Court Judge: Frank G. Vollor Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED. Case Number: 05,0068-CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | Arthur Wildee a/k/a Arthur Wilde |
ARTHUR WILDEE (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: SCOTT STUART |
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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 - Successive writ |
| Summary of the Facts: | Arthur Wildee pled guilty to one count of murder and two counts of aggravated assault. He later moved to vacate his conviction and sentence, or in the alternative, set aside his conviction and sentence. The court dismissed the motion, and Wildee appeals. |
| Summary of Opinion Analysis: | The trial judge’s order dismissing Wildee’s motion states that Wildee’s motion had previously been ruled on by the court in its orders dated March 5, 1986; September 28, 1987; November 2, 1988; and August 22, 1997. Thus, the court dismissed Wildee’s motion, finding that it was barred as a successive writ. Wildee argues this was error. There is no clear error in the trial court’s writ of the successive application bar to Wildee’s post-conviction relief motion. Because none of the cases cited by Wildee are intervening within the meaning of section 99-39-23(6), Wildee’s motion did not meet this exception to the successive writ bar. |
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