Bailey v. State
| Docket Number: | 2010-CP-00699-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-21-2011 Opinion Author: Maxwell, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Double jeopardy Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts and Carlton, JJ. Non Participating Judge(s): Russell, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 04-14-2010 Appealed from: Clay County Circuit Court Judge: Lee J. Howard Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2010-0071 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Vincent Bailey |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE B. WOOD, SCOTT STUART | ||
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 - Double jeopardy |
| Summary of the Facts: | Vincent Bailey pled guilty to several counts of sale of a controlled substance in 2004. He filed a motion for post-conviction relief in 2010. The circuit court found the PCR motion barred by the three year statute of limitations. Bailey appeals. |
| Summary of Opinion Analysis: | Bailey seems to argue primarily that his sentences for sale of a controlled substance should have been ordered to run concurrently rather than consecutively. This is a separate claim that could have been brought within the three-year limitations period. Bailey also suggests for the first time on appeal that his double-jeopardy rights were violated. But this contention is unreviewable because this record contains no official documentation concerning his underlying convictions. |
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