Twillie v. State
| Docket Number: | 2002-CT-00918-SCT Linked Case(s): 2002-CT-00918-SCT ; 2002-CP-00918-COA ; 2002-CP-00918-COA |
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| Supreme Court: | Opinion Link Opinion Date: 10-21-2004 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Illegal sentence - Ex post facto law - Section 97-3-21 - M.R.A.P. 10(f) Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: PCR Nature of the Case: PCR Writ of Certiorari: Granted Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 04-17-2002 Appealed from: Jasper County Circuit Court Judge: Robert G. Evans Disposition: POST-CONVICTION RELIEF DENIED District Attorney: Eddie H. Bowen Case Number: 9121-909 |
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| Note: | Affirmed both the trial court and the court of appeals. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Carlos Twillie |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS, JR. DEIRDRE McCRORY |
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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. |
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| Topic: | Post-conviction relief - Illegal sentence - Ex post facto law - Section 97-3-21 - M.R.A.P. 10(f) |
| Summary of the Facts: | In 1996, Carlos Twillie pled guilty to capital murder and received a sentence of life without parole. In 2002, Twillie filed a petition for post conviction relief. The court denied Twillie's petition, stating that it was barred by the statute of limitations. Twillie appealed, and the Court of Appeals initially reversed and remanded for further proceedings. After the State filed a motion for rehearing, the Court of Appeals withdrew the original opinion, denied the State's motion for rehearing, and issued a modified opinion which affirmed the circuit court. Both Twillie and the State filed petitions for writ of certiorari. The Supreme Court granted Twillie's petition but denied the State's petition. |
| Summary of Opinion Analysis: | Before July 1, 1994, section 97-3-21 provided two sentences for one convicted of capital murder: death or life imprisonment with the possibility of parole. Effective July 1, 1994, the option of life without parole was added. The Legislature provided that the provisions of this act would apply to any case in which pre-trial, trial or resentencing proceedings take place after July 1, 1994. Twillie argues that because he was charged and indicted before July 1, 1994, the sentencing option of life without parole does not apply to him and amounts to an illegal sentence. To its petition for writ of certiorari, the State attached a copy of an agreement signed by Twillie; Twillie's statement of understanding on his Petition to Enter Plea of Guilty; and Twillie's Petition to Enter Plea of Guilty to its Petition for Writ of Certiorari. Because the basis of this appeal is whether Twillie knowingly, voluntarily and intelligently waived his rights against an ex post facto law, it is necessary that these documents be added to this record under M.R.A.P. 10(f) to convey an accurate account of what transpired during Twillie's criminal case in the Jasper County Circuit Court. A defendant such as Twillie can waive his ex post facto rights and knowingly enter into an agreement to be sentenced to life without parole in order to avoid the death penalty. These documents show that Twillie validly waived his ex post facto rights when he pled guilty in 1996. |
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