Madden v. State


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Docket Number: 2010-CP-02031-COA
Linked Case(s): 2010-CP-02031-COA ; 2010-CT-02031-SCT
Court of Appeals: Opinion Date: 06-05-2012
Holding: The motion for rehearing is denied.
Additional Case Information: Topic: Post-conviction relief - Time bar - Section 99-39-5(2) - Successive writ
Non Participating Judge(s): Fair, J.
Nature of the Case: PCR
Trial Court: Date of Trial Judgment: 11-18-2010
Appealed from: Harrison County Circuit Court
Judge: John C. Gargiulo
Case Number: A2401-2010-00219
  Party Name: Attorney Name:  
Appellant: Willie Lee Madden, Jr.



 
Appellee: State of Mississippi  
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Topic: Post-conviction relief - Time bar - Section 99-39-5(2) - Successive writ
Summary of the Facts: Willie Madden Jr. pled guilty to transfer of a controlled substance and was sentenced as a habitual offender to serve fifteen years day-for-day. Madden filed his first motion for post-conviction collateral relief in 2005. The circuit court denied the motion, and the Court of Appeals affirmed. In 2009, Madden filed a second motion for post-conviction collateral relief. The circuit court denied the motion as untimely filed and procedurally barred as a successive writ. Madden again appealed, and the Court of Appeals affirmed the circuit court’s judgment. In 2010, Madden filed a third motion for post-conviction collateral relief. The circuit judge dismissed Madden’s motion as untimely filed and procedurally barred as a successive writ. Madden appeals.
Summary of Opinion Analysis: The circuit court properly dismissed Madden’s motion for post-conviction collateral relief as untimely filed and procedurally barred as a successive writ. Since his first motion for post-conviction collateral relief, Madden has filed two subsequent motions for post-conviction collateral relief. In addition, the motion is procedurally barred as it falls outside the three-year time limitation under section 99-39-5(2).


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