Bradley v. State
| Docket Number: | 2010-CP-01746-COA Linked Case(s): 2010-CT-01746-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-22-2012 Opinion Author: Judge Carlton Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Section 99-39-23(6) - Granting of parole - Section 47-7-3 Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 08-03-2010 Appealed from: Hinds County Circuit Court Judge: Malcolm Harrison Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: 251-10-408 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Mondrick Bradley a/k/a Mondric F. Bradley a/k/a Bradley Mondrick a/k/a Bradley Mondric a/k/a Mondric Bradley |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LAURA HOGAN TEDDER |
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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 writ - Section 99-39-23(6) - Granting of parole - Section 47-7-3 |
| Summary of the Facts: | In 1991, Mondrick Bradley was convicted of homicide and sentenced to life imprisonment. Bradley was subsequently released on parole on March 21, 2001. Bradley was then returned from parole into the custody of the MDOC on February 27, 2002, and on August 14, 2003, he was indicted for the possession of cocaine in an amount more than 0.1 gram but less than 2 grams. On October 5, 2004, Bradley pleaded guilty to the charge of possession of cocaine, and the trial court imposed a three-month sentence in the custody of the MDOC. On or about March 9, 2010, the MDOC denied Bradley parole. Bradley subsequently requested an administrative review, which was denied. Bradley then filed a motion for post-conviction relief which the court dismissed. Bradley appeals. |
| Summary of Opinion Analysis: | Bradley has previously filed three petitions for PCR, which were all denied by the circuit court. Under section 99-39-23(6), all successive motions are barred if the prisoner has previously filed a PCR motion. In addition, the parole board, not the circuit court, has exclusive authority for the granting of parole within the parameters set forth in section 47-7-3. |
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