Thomas v. State
| Docket Number: | 2004-CP-00664-COA Linked Case(s): 2004-CT-00664-SCT ; 2004-CP-00664-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 01-31-2006 Opinion Author: King, C.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Ineffective assistance of counsel Judge(s) Concurring: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Non Participating Judge(s): Southwick, J. Procedural History: PCR Nature of the Case: CIVIL - POST- CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 02-23-2004 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2004-00,034(2) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mark A. Thomas a/k/a Mark Anthony Thomas |
MARK A. THOMAS (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY |
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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 - Ineffective assistance of counsel |
| Summary of the Facts: | Mark Thomas pled guilty to one count of murder and received a life sentence for his crime, to run concurrently with a federal sentence. Thomas filed a motion for post-conviction relief which the court denied. Thomas appeals. |
| Summary of Opinion Analysis: | In case of a guilty plea, all claims for post-conviction relief must be brought within three years of the final judgment of conviction. Thomas’ request for post-conviction relief was filed more than six years after the statute of limitations had run. Therefore, Thomas’ motion for post-conviction relief is time barred. Thomas claims that his counsel failed to provide him with effective assistance and therefore his request for post-conviction relief should survive the time bar. Thomas argues that his counsel persuaded him to plead guilty rather than pursuing motions for a speedy trial. Although Thomas’ attorney’s performance may have been deficient in not pursuing the speedy trial violation, Thomas has still failed to show actual prejudice that may have denied him any fundamental constitutional rights. Therefore, his attempt to overcome the post-conviction relief time bar by claiming ineffective assistance is also without merit. |
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