Ramsey v. State
| Docket Number: | 2002-CP-01276-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 11-18-2003 Opinion Author: McMillin, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5 Judge(s) Concurring: King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 04-22-2002 Appealed from: Bolivar County Circuit Court Judge: Larry O. Lewis Disposition: MOTION FOR REHEARING DENIED District Attorney: Laurence Y. Mellen Case Number: 2001-0145-LOL |
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| Party Name: | Attorney Name: | |||
| Appellant: | Frank Ramsey, Jr. |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: CHARLES W. MARIS |
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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 |
| Summary of the Facts: | Frank Ramsey, Jr. was convicted of manslaughter and sentenced as a habitual offender. He appealed, and the Mississippi Supreme Court affirmed his conviction. Ramsey has since filed voluminous pleadings seeking various forms of relief. The matter now before the Court is Ramsey’s pro se appeal from an order of the circuit court denying him any relief under the post-conviction relief statutes on his most recent pleading. |
| Summary of Opinion Analysis: | A part of Ramsey’s theory of relief appears to have been to question the validity of one or both of the earlier felony convictions that subjected him to enhanced punishment as a habitual offender. The circuit court observed that both convictions pre-dated the 1986 manslaughter conviction and that any such claims were necessarily time-barred under the three-year statute of limitations. Ramsey does not affirmatively contend that any of the limited exceptions to the three-year limitation period set out in section 99-39-5 have application to the matters raised in his pleadings, and independent research of the question does not reveal any such authority. |
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