Brown v. State
| Docket Number: | 2010-CP-01757-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-12-2012 Opinion Author: Ishee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Successive writ - In custody - Section 99-39-5 Judge(s) Concurring: Lee, C.J., Irving, P.J., Barnes and Russell, JJ. Concur in Part, Dissent in Part 1: Roberts, J. Concur in Part, Dissent in Part Joined By 1: Griffis, P.J., Maxwell and Fair, JJ. Concurs in Result Only: Carlton, J., Concurs in Result Only Without Separate Written Opinion Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-24-2010 Appealed from: Jackson County Circuit Court Judge: Kathy King Jackson Disposition: DENIED MOTION FOR POST-CONVICTION RELIEF Case Number: 2010-00,123(1) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Will Robertson Brown |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JOHN R. HENRY JR. |
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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 - Successive writ - In custody - Section 99-39-5 |
| Summary of the Facts: | In 1986, Will Brown pled guilty to second-degree arson, burglary, and larceny. Brown was sentenced to serve seven years on each count. After his release from the MDOC, Brown was convicted of a federal crime and is currently serving an enhanced sentence in a federal prison. In 2010, while in federal prison, Brown filed a motion for post-conviction relief which the court denied. Brown appealed, and the Court of Appeals affirmed. Brown now attacks the same circuit court judgment asserting that his allegedly involuntary guilty plea and ineffective assistance of counsel have resulted in a more strenuous sentence in federal court. |
| Summary of Opinion Analysis: | Issue 1: Time bar Brown has failed to provide any information or claims evincing an exception to the three-year statute of limitations. As such, his PCR motion is time-barred. In addition, his claim is successive-writ barred. Issue 2: Post-conviction relief A limited exception allows movants who are not in the custody of the MDOC, but are in custody outside of Mississippi, to have a PCR motion heard in a Mississippi court. The Mississippi Supreme Court has clarified that a prisoner held in another state who, but for that incarceration would be subject to imprisonment here, is ‘in custody’ for purposes of section 99-39-5. In such cases, the State of Mississippi is deemed to have a “hold” on the prisoner, and jurisdiction is conveyed to Mississippi courts to hear the prisoner’s PCR motion. In Brown’s case, Mississippi relinquished any and all custody rights over Brown when he was released from the MDOC. |
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