Belmer v. State
| Docket Number: | 2010-CP-00778-COA Linked Case(s): 2010-CP-00778-COA ; 2010-CT-00778-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 02-07-2012 Opinion Author: Griffis, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Section 99-39-23(6) Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 04-05-2010 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED Case Number: 08-CR-090-A-LE-G |
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| Party Name: | Attorney Name: | |||
| Appellant: | Cornelius Belmer |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF ATTORNEY GENERAL: JOHN R. HENRY JR. |
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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: | Cornelius Belmer pled guilty to the charges of armed robbery and kidnapping. That same day, Belmer’s coindictee pled guilty alongside Belmer, to armed robbery, kidnapping, and to second degree arson. In 2003, both men filed a motion to vacate their guilty pleas in the trial court. The court treated the motion as a PCR motion and dismissed it. They appealed, and the Court of Appeals affirmed. In 2008, Belmer filed a second PCR motion. The trial court denied Belmer’s PCR motion. In 2010, Belmer filed his third PCR motion. This motion asserted the same grounds for relief as those set out in his March 2008 motion. The court dismissed the motion, and Belmer appeals. |
| Summary of Opinion Analysis: | The trial court properly dismissed Belmer’s November 2008/April 2010 PCR motion as a successive writ under section 99-39-23(6). |
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