Cook v. State
Docket Number: | 2005-CP-00267-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 02-21-2006 Opinion Author: Irving, J. Holding: AFFIRMED |
|
Additional Case Information: |
Topic: Post-conviction relief - M.R.C.P. 60(b) Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ. Procedural History: PCR Nature of the Case: CIVIL - POST-CONVICTION RELIEF |
|
Trial Court: |
Date of Trial Judgment: 12-20-2004 Appealed from: Lee County Circuit Court Judge: Paul S. Funderburk Disposition: RULE 60(B) MOTION DENIED District Attorney: John Richard Young Case Number: CV04-111(PF)L |
Party Name: | Attorney Name: | |||
Appellant: | Darnell Cook |
DARNELL COOK (PRO SE) |
||
Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY |
|
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 - M.R.C.P. 60(b) |
Summary of the Facts: | After having pled guilty to sale and transfer of a controlled substance, Darnell Cook filed a motion for post-conviction relief which the court denied. Cook filed a motion pursuant to M.R.C.P. 60(b) which the court denied. Cook appeals. |
Summary of Opinion Analysis: | Cook filed no appeal from his motion for post-conviction relief, and instead chose to appeal the court’s denial of his 60(b) motion. Rule 60(b) provides an opportunity for relief from a judgment or order, but only where one of the following exists: fraud, accident or mistake, newly discovered evidence, void judgment, judgment has been satisfied or otherwise vacated, or any other reason justifying relief. In order to succeed, Cook must show that exceptional circumstances warranted the granting of his motion. As pointed out by the State in its brief, all of the grounds alleged in the Rule 60(b) motion were known to Cook at the time he filed his motion in post-conviction relief. Cook has failed to show that any circumstances existed which necessitated the granting of his motion. The State argues that a Rule 60(b) motion will never have any place in a criminal case. Although Rule 60(b) is most often applied in civil cases, Mississippi courts have applied Rule 60(b) in several criminal cases. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court