Moore v. State


<- Return to Search Results


Docket Number: 2003-CP-01009-COA
Linked Case(s): 2003-CT-01009-SCT

Court of Appeals: Opinion Link
Opinion Date: 09-28-2004
Opinion Author: Chandler, J.
Holding: Affirmed

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

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



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE  

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 In his first motion for post-conviction relief, Moore argued that his ISP was revoked without a probation hearing which denied him due process of the law.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.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court