Houston v. State
Docket Number: | 2011-CP-00388-COA Linked Case(s): 2011-CP-00388-COA ; 2011-CT-00388-SCT |
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Court of Appeals: |
Opinion Link Opinion Date: 02-21-2012 Opinion Author: Griffis, P.J. Holding: Affirmed |
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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 |
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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 |
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Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. |
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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 - 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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