Parker v. State
Docket Number: | 2004-CA-02185-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 02-14-2006 Opinion Author: King, C.J. Holding: AFFIRMED |
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Additional Case Information: |
Topic: Post-conviction relief - Out of time appeal - M.R.A.P. 2(c) - M.R.A.P. 4 Judge(s) Concurring: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
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Trial Court: |
Date of Trial Judgment: 10-05-2004 Appealed from: Alcorn County Circuit Court Judge: Thomas J. Gardner Disposition: PETITION FOR POST-CONVICTION RELIEF DENIED District Attorney: John Richard Young Case Number: CV04-278 (G) A |
Party Name: | Attorney Name: | |||
Appellant: | Robert Parker |
CHRISTOPHER E. KITCHENS |
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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 - Out of time appeal - M.R.A.P. 2(c) - M.R.A.P. 4 |
Summary of the Facts: | Robert Parker was convicted on one count of murder and two counts of aggravated assault. Parker was sentenced on the murder charge to a term of life and on the aggravated assault charges, he was sentenced to two concurrent twenty year terms to run consecutive to the life term. Parker filed a petition for post-conviction relief. Alternatively, Parker asked the court to grant an out-of-time appeal. The trial court dismissed Parker’s petition finding that it was time-barred and met no exceptions. Parker appeals. |
Summary of Opinion Analysis: | Parker argues that he desired a direct appeal, but through no fault of his own, an appeal was never perfected. He attached his own affidavit in which he swears that the reason that he did not perfect a direct appeal is because his attorney quoted a fee of three hundred and fifty thousand dollars to represent him on appeal, and Parker could not afford that fee. Parker filed his motion for an out-of-time appeal ten years after his conviction. M.R.A.P. 2(c) allows the Court, for good cause shown, to suspend the requirement of M.R.A.P. 4 that an appeal be filed within thirty days of the entry of judgment. However, our appellate courts have opined that a trial judge probably does not have the authority to grant an out-of-time appeal later than 180 days after the entry of judgment, but the appellate courts do have the authority to grant a criminal defendant such an appeal if failure to perfect the appeal was through no fault of his own and if justice demands. The trial court was without discretion to grant an out-of-time appeal, and therefore did not err in denying the requested relief. Because Parker has failed to show any cause, much less good cause, as to the reason for a ten year delay in seeking a direct appeal, justice does not demand granting Parker an out-of-time appeal ten years after his conviction. |
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