Moore v. State
Docket Number: | 2003-CP-01009-COA Linked Case(s): 2003-CT-01009-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 09-28-2004 Opinion Author: Chandler, J. Holding: Affirmed |
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Additional Case Information: |
Topic: Post-conviction relief - Revocation hearing - Due process Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis and Barnes, JJ. Non Participating Judge(s): Ishee, J. Procedural History: PCR Nature of the Case: PCR |
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Trial Court: |
Date of Trial Judgment: 04-14-2003 Appealed from: Lee County Circuit Court Judge: Paul S. Funderburk Disposition: MOTION FOR POST-CONVICTION RELIEF IS DISMISSED AS A SUCCESSIVE PETITION. District Attorney: John Richard Young Case Number: CV00-233(R)L |
Party Name: | Attorney Name: | |||
Appellant: | Christopher C. Moore |
PRO SE |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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. |
Topic: | Post-conviction relief - Revocation hearing - Due process |
Summary of the Facts: | Christopher Moore filed a motion seeking post-conviction relief which the court denied. He filed a second motion for post-conviction relief which the court dismissed as a successive writ. He appeals. |
Summary of Opinion Analysis: | After Moore admitted to a crime while serving under house arrest, the judge signed an order approving the placement by the MDOC of Moore in whatever facility they deemed appropriate. In his first motion for post-conviction relief, Moore argued that his ISP was revoked without a probation hearing which denied him due process of the law. The decision of MDOC to change Moore’s status from house arrest to the general prison population was an administrative decision. Moore received a hearing before a disciplinary committee within MDOC and was granted an appeal from this hearing decision. However, he failed to file an appeal until a year past the deadline. Moore’s second pleading was a successive writ and properly denied. |
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