Havard v. State
| Docket Number: | 2011-CP-00027-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 02-21-2012 Opinion Author: Carlton, J. Holding: Vacated and remanded |
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| Additional Case Information: |
Topic: Post-conviction relief - Request for permission - Section 99-39-7 Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ. Concur in Part, Concur in Result 1: Irving, P.J., concurs in part and dissents in part without separate written opinion Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 11-16-2010 Appealed from: George County Circuit Court Judge: Kathy King Jackson Disposition: MOTION FOR POST-CONVICTION RELIEF DENIED Case Number: 2010-0355(2) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Keith E. Havard |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND |
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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 - Request for permission - Section 99-39-7 |
| Summary of the Facts: | In 1999, Keith Havard was convicted of felony driving under the influence causing death. He was sentenced to twenty years, with eight years suspended and five years of probation. His conviction and sentenced were affirmed on appeal. In 2009, the trial court determined that Havard had violated the conditions of his probation when he possessed alcohol in a dry county and drove under the influence of alcohol. The trial court revoked Havard’s probation and sentenced him to serve six years of his eight-year suspended sentence, with the remaining two years to be served on post-release supervision. Havard filed a motion for post-conviction relief which the court denied. He appeals. |
| Summary of Opinion Analysis: | Pursuant to section 99-39-7, because the Mississippi Supreme Court affirmed Havard’s conviction and sentence for felony driving under the influence causing death on direct appeal, Havard was required to seek and obtain permission from the Supreme Court before he could properly pursue a PCR motion in the trial court. The record fails to include any request from Havard to the Supreme Court for permission to pursue his PCR motion in the trial court, much less an order granting such permission. Thus, the trial court was without jurisdiction to decide Havard’s PCR motion. |
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