Elliott v. State
| Docket Number: | 2002-CP-00434-COA Linked Case(s): 2002-CP-00434-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-29-2003 Opinion Author: Chandler, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Section 99-39-5(2) Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 12-03-2001 Appealed from: Marshall County Circuit Court Judge: Henry L. Lackey Disposition: THE MOTION FOR POST-CONVICTION RELIEF WAS DENIED. District Attorney: James M. Hood, III Case Number: M01-523 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Vantonias Elliott |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: W. GLENN WATTS |
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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(2) |
| Summary of the Facts: | Vantonias Elliott pled guilty to possession of a controlled substance. He also later pled guilty to a reduced charge of robbery. He filed a motion for post-conviction relief which was denied. He appeals. |
| Summary of Opinion Analysis: | Section 99-39-5(2) provides that a prisoner has three years after the entry of judgment of conviction in which to file a motion for post-conviction relief. Elliott filed his motion for post-conviction relief over eighteen years after the challenged robbery conviction. He argues that he should be excepted from the time bar because the robbery sentence was illegal and that he failed to timely challenge the 1983 conviction because he had no reason to do so until the conviction was used to establish his habitual offender status. Not only is Elliott no longer serving the sentence of which he complains, but there is no evidence, other than Elliott's assertions, that he is now serving a habitual sentence. |
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