Jackson v. State
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 |
|
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. |
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. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court