Cox v. State
| Docket Number: | 2002-CP-00550-COA Linked Case(s): 2002-CP-00550-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-22-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Section 99-39-9 - Section 99-39-7 Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Griffis, JJ. Non Participating Judge(s): Chandler, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 03-18-2002 Appealed from: Yazoo County Circuit Court Judge: Jannie M. Lewis Disposition: POST-CONVICTION RELIEF DENIED District Attorney: James M. Hood, III Case Number: 7998 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Trumel Keith Cox |
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 - Jurisdiction - Section 99-39-9 - Section 99-39-7 |
| Summary of the Facts: | Trumel Cox was convicted of rape and kidnapping. He was sentenced to concurrent terms of ten years on each of the offenses. His conviction was affirmed on appeal. Cox filed a letter request in the trial court seeking credit for the period of time between his release on bond and the date of the affirmance of his conviction and sentence on appeal which the court denied. Cox appeals. |
| Summary of Opinion Analysis: | Cox's request was never properly before the trial court. The letter request to the trial court did not comport with the procedural requirements of section 99-39-9 which prescribes what a post-conviction relief motion must contain. In addition, Cox was required to secure permission from the Mississippi Supreme Court in order to pursue a motion for post-conviction relief pursuant to section 99-39-7, which he failed to do. Therefore, the court properly dismissed Cox's request due to a lack of jurisdiction. |
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