Torns v. State


<- Return to Search Results


Docket Number: 2002-CP-00431-COA
Linked Case(s): 2002-CP-00431-COA

Court of Appeals: Opinion Link
Opinion Date: 11-25-2003
Opinion Author: Irving, J.
Holding: Dismissed

Additional Case Information: Topic: Post-conviction relief - Jurisdiction - Timeliness of appeal
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ.
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 02-20-2002
Appealed from: Hinds County Circuit Court
Judge: W. Swan Yerger
Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED WITH PREJUDICE
District Attorney: Eleanor Faye Peterson
Case Number: 251-01-976CIV

  Party Name: Attorney Name:  
Appellant: Charles Torns, Jr.




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY  

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 - Jurisdiction - Timeliness of appeal

Summary of the Facts: Charles Torns was convicted of one count of mail fraud and one count of uttering a forgery. In sentencing Torns as a habitual offender, the court used, as a predicate for sentence enhancement, a September 1986 conviction that Torns had acquired through his plea of guilty to uttering a forgery. The Court of Appeals affirmed his convictions. Torns filed a motion for post-conviction relief which was dismissed. Torns appeals.

Summary of Opinion Analysis: Torns challenges both his 1986 and 1993 convictions. Since Torns did not obtain permission from the Supreme Court to file a post-conviction relief motion with respect to his 1993 convictions, there is no jurisdiction to address his allegations regarding those convictions. With regard to Torns’s 1986 conviction, it was incumbent upon Torns to file his motion for post-conviction relief within three years after entry of the judgment of conviction. Torns did not file his motion until approximately fourteen and a half years after his 1986 conviction. After the circuit court dismissed his motion, he failed to file an appeal until over eleven months after the denial. Therefore, his appeal is untimely.


Home | Terms of Use | About the JDP | Feedback | Using JDP | MC Law Library | Mississippi Supreme Court