Faye v. State
| Docket Number: | 2002-CP-01906-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-07-2003 Opinion Author: Bridges, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Motion to amend Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., 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: 10-07-2002 Appealed from: Pearl River County Circuit Court Judge: R.I. Prichard, III Disposition: DENIAL OF POST-CONVICTION RELIEF. District Attorney: Claiborne McDonald Case Number: 2002-0395-PC1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Raymond Faye |
RAYMOND FAYE (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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 - Motion to amend |
| Summary of the Facts: | Raymond Faye pled guilty to felony robbery and was sentenced to fifteen years. He filed a petition for post-conviction relief and subsequently filed a "Motion to Amend Post-Conviction or in the Alternative Hold Post-Conviction in Abeyance" asking to amend his prior petition to include additional constitutional violations. After his motion was dismissed, he filed a motion to alter or amend judgment and also sought to file an amended motion. The court dismissed his motion, and he appeals. |
| Summary of Opinion Analysis: | Faye argues that he should be allowed to amend his initial motion for post-conviction relief, because the State never served a responsive pleading. The State is not required to file a responsive pleading, so Faye should have filed his motion to amend within thirty days of serving his post-conviction relief motion. Because Faye filed his initial motion in March and did not attempt to amend until September, the court did not err when in denying the motion. |
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