McGleachie v. State
| Docket Number: | 2011-CP-00695-COA Linked Case(s): 2011-CP-00695-COA ; 2011-CT-00695-SCT |
|
| Court of Appeals: |
Opinion Link Opinion Date: 05-08-2012 Opinion Author: Lee, C.J. Holding: Affirmed |
|
| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Successive writ - Newly discovered evidence Judge(s) Concurring: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ. Concurs in Result Only: Russell, J. Procedural History: PCR Nature of the Case: PCR |
|
| Trial Court: |
Date of Trial Judgment: 04-14-2011 Appealed from: Sunflower County Circuit Court Judge: W. Ashley Hines Disposition: DENIED MOTION FOR POST- CONVICTION RELIEF Case Number: 2011-0121 |
|
| Party Name: | Attorney Name: | |||
| Appellant: | Danny McGleachie |
PRO SE |
||
| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
|
|
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 - Time bar - Successive writ - Newly discovered evidence |
| Summary of the Facts: | In 1986, Danny McGleachie pled guilty to conspiracy to possess more than one kilogram of marijuana with the intent to sell, distribute, or dispense. His sentence was withheld, and he was placed on probation for five years. A year later, his probation was revoked, and he was ordered to serve two years with the remaining three years to be served on probation. In 2011, McGleachie filed a PCR motion with the trial court, asserting that he had obtained newly discovered evidence that had been withheld by the State. The court denied the motion, and McGleachie appeals. |
| Summary of Opinion Analysis: | McGleachie’s motion is time barred. McGleachie argues that an affidavit from Randall Corban, a Mississippi Bureau of Narcotics agent, submitted by the State in support of a motion for continuance of McGleachie’s 1986 trial, is newly discovered evidence. The affidavit was submitted in 1985 to advise the trial court that Corban had a conflict with McGleachie’s trial date but would be available to testify at a later date. The affidavit does not exonerate McGleachie, and it does not qualify as newly discovered evidence. In addition, McGleachie’s motion is barred as a successive writ. |
Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court
