Brown v. State
Docket Number: | 2010-CP-01759-COA | |
Court of Appeals: |
Opinion Link Opinion Date: 10-11-2011 Opinion Author: Ishee, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Myers, Barnes, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: PCR Nature of the Case: PCR |
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Trial Court: |
Date of Trial Judgment: 05-24-2010 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: MOTION FOR POST- CONVICTION RELIEF DENIED Case Number: 2010-00,118(2) |
Party Name: | Attorney Name: | |||
Appellant: | Will Robertson Brown |
PRO SE |
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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 - Time bar - Section 99-39-5(2) |
Summary of the Facts: | Will Brown pled guilty to arson in the second degree in 1986, and was sentenced to seven years. He filed a motion for post-conviction relief more than twenty years later. The court denied his motion, and Brown appeals. |
Summary of Opinion Analysis: | As Brown pled guilty, he had three years from the entry of the judgment of his conviction to file a PCR motion pursuant to section 99-39-5(2). Clearly, his PCR motion is time-barred. Brown also failed to claim any of the exceptions to overcome the procedural bar. Moreover, Brown is currently serving a sentence in federal prison in Illinois. Post-conviction relief applies only to a prisoner who is in the custody of the State, serving a sentence imposed by a Mississippi court. Brown has already served the time required for his guilty plea for arson in Mississippi. |
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