Savell v. State
| Docket Number: | 2010-CP-01866-COA Linked Case(s): 2010-CP-01866-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-25-2011 Opinion Author: Griffis, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction Judge(s) Concurring: Lee, C.J., Irving, P.J., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 10-15-2010 Appealed from: Neshoba County Circuit Court Judge: Marcus D. Gordon Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED Case Number: 10-CV-0334-NS_G |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | William Dewayne Savell a/k/a Dewayne Savell |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE | ||
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 - Jurisdiction |
| Summary of the Facts: | William Savell was convicted of murder and sentenced to life imprisonment. Savell appealed, and the Court of Appeals affirmed. Savell filed his application for leave to proceed in the trial court on a motion for post-conviction collateral relief with the Supreme Court. The Supreme Court denied the motion. Savell filed his second application for leave to proceed with the Supreme Court. The Court dismissed the application as procedurally barred as a successive writ. Thereafter, Savell filed his “Petition for an Order of Disinterment for Autopsy.” In the petition, Savell asked the circuit court to order disinterment of the victim’s body to determine if the manner of death was homicide. Savell then filed yet another application for leave to proceed with the Supreme Court. The Court dismissed the application and sanctioned Savell by requiring him to pay one hundred dollars. The circuit court dismissed Savell’s earlier petition. Savell appeals. |
| Summary of Opinion Analysis: | The Mississippi Supreme Court has initial jurisdiction over a post-conviction proceeding where the appellate court is the one that last exercised jurisdiction in the case. Without permission from the Supreme Court, Savell had no right to proceed before the circuit court. Thus, the circuit court did not err in dismissing the motion for lack of jurisdiction. |
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