Riley v. State


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Docket Number: 2010-CP-00915-COA
Linked Case(s): 2010-CP-00915-COA ; 2010-CT-00915-SCT
Court of Appeals: Opinion Link
Opinion Date: 11-15-2011
Opinion Author: Griffis, P.J.
Holding: Affirmed
Additional Case Information: Topic: Post-conviction relief - Successive writ - Time bar
Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ.
Non Participating Judge(s): Myers, J.
Procedural History: PCR
Nature of the Case: PCR
Trial Court: Date of Trial Judgment: 07-27-2010
Appealed from: Holmes County Circuit Court
Judge: Jannie M. Lewis
Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED
Case Number: 10,420
  Party Name: Attorney Name:  
Appellant: Willie Earl Riley




 PRO SE



  
Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND  
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Topic: Post-conviction relief - Successive writ - Time bar
Summary of the Facts: In 1999, Willie Riley pled guilty to murder and was sentenced to life. In 2000, Riley filed his first motion for post-conviction collateral relief which was dismissed. Riley then filed a motion in the circuit court which he titled, “Application for Leave to File a Motion to Vacate the Conviction and Sentence in Trial Court.” The circuit court dismissed the motion with an order instructing Riley not to file again. In 2001, Riley filed a second motion for post-conviction collateral relief which was also dismissed. On appeal, the Court of Appeals affirmed. Riley filed a third motion for post-conviction collateral relief in 2001, which was dismissed. In 2003, Riley filed a fourth motion for post-conviction collateral relief. The court dismissed the motion. In 2009, Riley filed a fifth motion for post-conviction collateral relief which was also dismissed. Riley appeals.
Summary of Opinion Analysis: The circuit court properly dismissed Riley’s motion for post-conviction collateral relief as untimely filed and as a successive writ.


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