Jackson v. State


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Docket Number: 2010-CP-01402-COA

Court of Appeals: Opinion Link
Opinion Date: 11-22-2011
Opinion Author: Roberts, J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Jurisdiction
Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, 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: 08-06-2010
Appealed from: Pike County Circuit Court
Judge: David H. Strong
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED
Case Number: 09-289-PCS

  Party Name: Attorney Name:  
Appellant: Ricky M. Jackson




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: W. GLENN WATTS  

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Topic: Post-conviction relief - Jurisdiction

Summary of the Facts: Ricky Jackson was convicted of aggravated assault and sentenced to twenty years. He filed a direct appeal. While Jackson’s direct appeal was still pending, Jackson filed five pro se motions in the circuit court. The circuit court treated Jackson’s motions as one single motion for post-conviction relief and denied the motion. Jackson then filed three more motions in which he collaterally attacked his conviction for aggravated assault. He then appealed the circuit court’s denial of his initial motions for post-conviction relief. Subsequently, the circuit court entered an order denying Jackson’s second motions for post-conviction relief. Jackson has not appealed that denial.

Summary of Opinion Analysis: A petitioner prematurely files a petition for post-conviction relief while his direct appeal is still pending. Therefore, the circuit court’s summary dismissal of Jackson’s motion for post-conviction relief for lack of jurisdiction is affirmed.


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