Houston v. State


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Docket Number: 2011-CP-00388-COA
Linked Case(s): 2011-CP-00388-COA ; 2011-CT-00388-SCT

Court of Appeals: Opinion Link
Opinion Date: 02-21-2012
Opinion Author: Griffis, P.J.
Holding: Affirmed

Additional Case Information: Topic: Post-conviction relief - Successive writ - Time bar
Judge(s) Concurring: Lee, C.J., Irving, P.J., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ.
Concur in Part, Concur in Result 1: Barnes, J., concurs in part and in the result without separate written opinion
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 02-16-2011
Appealed from: Newton County Circuit Court
Judge: Marcus D. Gordon
Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED
Case Number: 11-CV-039-NW-G

  Party Name: Attorney Name:  
Appellant: James Orlando Houston




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR.  

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Topic: Post-conviction relief - Successive writ - Time bar

Summary of the Facts: James Houston pled guilty to murder and armed robbery in 1997. In 1998, Houston filed his first motion for post-conviction collateral relief which was denied. The denial was affirmed on appeal. In 2011, Houston filed a “Motion to Vacate and Set-Aside Conviction and Sentence,” which the circuit court treated as a motion for post conviction collateral relief and dismissed. Houston appeals.

Summary of Opinion Analysis: The circuit court properly dismissed Houston’s motion for post-conviction collateral relief because the motion is procedurally barred as a successive writ. In addition, Houston failed to file his motion within the three-year statute of limitations.


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