Lee v. State
| Docket Number: | 2011-CP-00165-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 01-26-2012 Opinion Author: Pierce, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar Judge(s) Concurring: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 01-12-2011 Appealed from: Sunflower County Circuit Court Judge: Richard Smith Disposition: Denied petition for PCR as barred by the statute of limitations. Case Number: 2010-0501-CI |
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| Party Name: | Attorney Name: | |||
| Appellant: | Gary Lee |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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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 - Time bar |
| Summary of the Facts: | Gary Lee pled guilty to accessory after the fact to armed robbery in 1982. In 2010, Lee filed a petition for habeas corpus. The court denied the petition, and Lee appeals. |
| Summary of Opinion Analysis: | Lee’s claim for post-conviction relief should have been filed no later than April 17, 1987, absent any statutory exceptions. Lee argues that he is “actually innocent of being an accessory after the fact to armed robbery.” Lee provides only his affidavit to support his arguments, in which he claims that the district attorney, judge, and court-appointed attorney conspired to have him incarcerated. But attached to Lee’s reply brief as “Exhibit B” is a page that appears to be a transcript from the 1982 trial-court proceedings, in which Lee admitted guilt and stated that he had entered a guilty plea freely and voluntarily. Thus, nothing in the record supports consideration of Lee’s petition outside the three-year statute of limitation. |
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