Pinson v. State
| Docket Number: | 2003-CP-01107-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-24-2004 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive petition Judge(s) Concurring: King, C.J., Bridges, P.J., Lee, Chandler and Griffis, JJ. Non Participating Judge(s): Irving and Barnes, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-09-2003 Appealed from: Calhoun County Circuit Court Judge: Andrew K. Howorth Disposition: ORDER DENYING MOTION FOR POSTCONVICTION COLLATERAL RELIEF. District Attorney: Benjamin F. Creekmore Case Number: C2001-117 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Ruben Pinson a/k/a Champ a/k/a Ruben Lawrence Pinson, III |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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 - Successive petition |
| Summary of the Facts: | Ruben Pinson pled guilty to aggravated assault and to two counts of possession of marijuana with the intent to sell. For the aggravated assault charge, Pinson received a twenty year suspended sentence and was placed on supervised probation for five years. For the drug charges, Pinson received a three year suspended sentence on each count and was placed on supervised probation for three years. When Pinson violated the terms of his probation, the court imposed Pinson’s earlier suspended sentences. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Pinson filed his first petition for post-conviction relief on July 13, 2001. On August 23, 2001, the judge ruled that Pinson was entitled to no relief. Pinson then failed to file a timely notice of appeal. Since the decision denying Pinson’s first petition for post-conviction relief has been left untouched, his second attempt at post-conviction relief which was filed on April 14, 2003, is barred. |
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