Grogan v. State
| Docket Number: | 2010-CP-01166-COA Linked Case(s): 2010-CP-01166-COA ; 2010-CT-01166-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 11-08-2011 Opinion Author: Carlton, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and Russell, JJ. Non Participating Judge(s): Myers, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 06-25-2010 Appealed from: Scott County Circuit Court Judge: Marcus D. Gordon Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 10-CV-184-SC-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Johnny Grogan |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LISA LYNN BLOUNT |
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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 - Successive writ |
| Summary of the Facts: | Johnny Grogan pled guilty to one count of sexual battery and to two counts of gratification of lust. The trial court sentenced Grogan to twenty years for his sexual-battery conviction, to two years for count one, gratification of lust, to run consecutively to the twenty-year sentence, and to two years for count two, gratification of lust, to run consecutively to the twenty-year sentence and to the two-year sentence. Grogan filed a motion for post-conviction relief which the court dismissed. Grogan appeals. |
| Summary of Opinion Analysis: | In the style of his PCR motion, Grogan listed cause number 002 as the cause number to which he sought post-conviction relief. However, in his PCR motion and his brief on appeal, Grogan raised issues regarding not only his sexual-battery conviction and sentence in cause number 002, but also with his gratification-of-lust convictions and sentences in cause number 004. However, pursuant to section 99-39-9(2), Grogan is only able to challenge the validity of his conviction from one judgment per motion for post-conviction collateral relief. Therefore, appellate review will be limited to those issues surrounding his guilty plea associated with cause number 002. Grogan argues that the trial court erred by dismissing his PCR motion as barred as a successive writ. Grogan had previously filed for post-conviction relief, and the trial court entered an order denying the relief requested. Since he fails to show that his motion is excepted from the statutory bar, the trial court did not err in dismissing Grogan’s motion for post-conviction relief. |
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