Brown v. State
| Docket Number: | 2010-CP-01305-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-20-2012 Opinion Author: Irving, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) - M.R.A.P. 28(a)(6) Judge(s) Concurring: Lee, C.J., Russell and Fair, JJ. Judge(s) Concurring Separately: Roberts, J., concurs in result only with separate written opinion, joined by Griffis, P.J., Maxwell and Fair, JJ. Barnes, J., specially concurs with separate written opinion, joined by Ishee, J. Non Participating Judge(s): Carlton, J. Concur in Part, Concur in Result 1: Maxwell, 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: 07-27-2010 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 2010,175(2) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Will Robertson Brown |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: 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) - M.R.A.P. 28(a)(6) |
| Summary of the Facts: | Will Brown filed a motion for post-conviction relief, seeking to set aside several guilty pleas that he had entered more than fifteen years earlier. The circuit court dismissed Brown’s PCR motion as being time-barred. Brown appeals. |
| Summary of Opinion Analysis: | The circuit court correctly found that Brown’s PCR motion was time-barred. Brown entered his guilty plea on April 18, 1995, but he did not file his PCR motion until over fifteen years later. Section 99-39-5(2) provides that PCR motions “shall be made . . . within three (3) years after entry of the judgment of conviction” in cases involving guilty pleas. Brown has failed to prove that one of the exceptions to the time bar applies or that the circuit court committed any error affecting any of his fundamental rights when it accepted his guilty pleas. Brown has only provided mere assertions in his brief and no authority to support his assertions. Pursuant to M.R.A.P. 28(a)(6), an appellant must support his contentions regarding the issues presented with “citations to authorities, statutes, and parts of the record relied on.” |
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