Clark v. State
| Docket Number: | 2003-CP-02437-COA Linked Case(s): 2003-CT-02437-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-12-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive motion - Section 99-39-27(9) - Time bar Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis and Barnes, JJ. Non Participating Judge(s): Ishee, J. Procedural History: PCR Nature of the Case: PCR Writ of Certiorari: Denied Appealed from Court of Appeals |
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| Trial Court: |
Date of Trial Judgment: 10-17-2003 Appealed from: Panola County Circuit Court Judge: Andrew C. Baker Disposition: DISMISSED MOTION FOR POSTCONVICTION RELIEF District Attorney: Robert J. Kelly Case Number: CV2003-0130BP1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Patrick Evans Clark a/k/a Patrick E. Clark |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART |
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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 motion - Section 99-39-27(9) - Time bar |
| Summary of the Facts: | Patrick Clark entered a guilty plea to capital murder, and he was sentenced to life in prison as an habitual offender. He filed a motion for post-conviction relief which was denied. On appeal, the Court of Appeals affirmed the denial. Clark filed a second motion for post-conviction relief which the court denied as an impermissible successive attempt at post-conviction relief and as time-barred. Clark appeals. |
| Summary of Opinion Analysis: | Clark cites no intervening cases or newly discovered evidence which would except his claim from the procedural bar. Thus, his second motion is an impermissible successive attempt at post conviction relief, in violation of section 99-39-27(9). Clark's motion is also time-barred as it does not fall within the three year time limitation. |
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