Evans v. State
| Docket Number: | 2010-CP-01496-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-22-2011 Opinion Author: Lee, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Section 99-39-23(6) Judge(s) Concurring: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, 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: 08-12-2010 Appealed from: Forrest County Circuit Court Judge: Robert Helfrich Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: CI09-0168 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Ollie Lee Evans a/k/a Ollie Lee Evans Jr. |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: 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 - Successive writ - Section 99-39-23(6) |
| Summary of the Facts: | Ollie Evans Jr. pled guilty for failure to re-register as a sex offender. Evans was sentenced as a habitual offender to serve five years. At some point thereafter, Evans filed a motion for post-conviction relief. The motion was dismissed. Evans filed another PCR motion which was also dismissed. Evans appeals. |
| Summary of Opinion Analysis: | Under section 99-39-23(6), all successive motions are barred if the prisoner has previously filed a PCR motion. Evans’s second PCR motion was a successive motion. |
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