Campbell v. State
| Docket Number: | 2010-CP-00655-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-13-2011 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - M.R.A.P. 16 Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Maxwell and Russell, JJ. Non Participating Judge(s): Myers, J. Concurs in Result Only: Carlton, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 09-02-2009 Appealed from: Adams County Circuit Court Judge: Forrest Johnson Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 09-KV-0020-J |
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| Party Name: | Attorney Name: | |||
| Appellant: | Clyde Campbell |
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 - Jurisdiction - M.R.A.P. 16 |
| Summary of the Facts: | Clyde Campbell was found guilty of aggravated assault and sentenced on July 20, 1990, to life as a habitual offender, without eligibility for parole or probation. His conviction was affirmed on appeal. Almost nineteen years later, on February 24, 2009, Campbell filed a PCR motion. The court denied the motion as time barred, and Campbell appeals. |
| Summary of Opinion Analysis: | Campbell’s application for leave to proceed in the circuit court was denied by the Supreme Court in August 1998. Because Campbell was denied permission by the Supreme Court to seek post-conviction relief, the circuit court lacked jurisdiction to entertain his PCR motion. However, the Court of Appeals has appellate jurisdiction to address the merits of the circuit court’s judgment under M.R.A.P. 16. The circuit court’s dismissal of Campbell’s PCR motion is affirmed, but on the grounds that the circuit court lacked jurisdiction. |
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