Brown v. State


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Docket Number: 2010-CP-01759-COA

Court of Appeals: Opinion Link
Opinion Date: 10-11-2011
Opinion Author: Ishee, J.
Holding: Affirmed

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

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



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  

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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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