Belmer, et al. v. State
| Docket Number: | 2003-CP-01496-COA Linked Case(s): 2003-CT-01496-SCT ; 2003-CP-01496-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-10-2004 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) Judge(s) Concurring: King, C.J., Bridges, P.J., Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-20-2003 Appealed from: Leake County Circuit Court Judge: Marcus D. Gordon Disposition: POST-CONVICTION RELIEF DENIED. District Attorney: Mark Sheldon Duncan Case Number: 8474 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Cornelius Belmer and Cleon Graves |
CORNELIUS BELMER (PRO SE)
CLEON GRAVES (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE |
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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 - Time bar - Section 99-39-5(2) |
| Summary of the Facts: | Cornelius Belmer and Cleon Graves were indicted on the charges of armed robbery, kidnaping, and second degree arson. Belmer pled guilty to the armed robbery and kidnaping charges, but the second degree arson charge was dismissed. He was sentenced to thirty years for the armed robbery charge and ten years for the kidnaping charge. Graves pled guilty to all counts. He was sentenced to serve thirty years for the armed robbery charge, ten years for the kidnaping charge, and five years for the second degree arson charge. Belmer and Graves filed a motion to vacate their guilty pleas. The judge dismissed their motion, and Belmer and Graves appeal. |
| Summary of Opinion Analysis: | Belmer and Graves argue that the statutory exceptions to the three year statute of limitations as set forth in section 99-39-5 (2) apply to this case. In cases where a defendant has pled guilty, a motion for relief must be filed within three years after the entry of the judgment of conviction. The exceptions to the time bar include cases where an intervening case would have affected the outcome of the petitioner's conviction, newly discovered evidence which would have caused a different result in the conviction, capital cases, and cases where the petitioner argues about sentence expiration or the unlawful revocation of his probation, parole or conditional release. Belmer and Graves pled guilty on January 11, 1996, and filed their motion on March 31, 2003. The motion was clearly time-barred and none of the exceptions are applicable. They also argue that their guilty pleas were not knowingly and voluntarily entered and that they received ineffective assistance of counsel. The time bar includes the petitioner's post-conviction relief claims based on involuntariness of guilty pleas and ineffective assistance of counsel. |
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