Gray v. State
| Docket Number: | 2011-CP-00755-COA Linked Case(s): 2011-CP-00755-COA ; 2011-CT-00755-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2012 Opinion Author: Fair, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Time bar - Successive writ Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell and Russell, JJ. Non Participating Judge(s): Roberts, J. Concurs in Result Only: Barnes, J. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 07-20-2011 Appealed from: Wayne County Circuit Court Judge: Lester F. Williamson, Jr. Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED Case Number: CV-2011-151(W) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Bobby Leonard Gray a/k/a Bobby L. Gray a/k/a Bobby Gray |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: LADONNA C. HOLLAND |
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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 |
| Summary of the Facts: | In 1998, Bobby Gray was tried for sale of cocaine as a habitual offender. While the jury was deliberating, Gray excused himself to use the restroom and fled the jurisdiction. He was convicted in absentia and sentenced, as a habitual offender, to sixty years imprisonment. He failed to file a direct appeal. Instead, Gray has filed a succession of post-conviction relief motions. He is now appealing the denial of his sixth PCR motion. |
| Summary of Opinion Analysis: | Gray argues that the jury was instructed it could find him guilty of selling, transferring, dispensing or delivering of cocaine when his indictment only alleged sale of cocaine. The jury instruction could have been challenged on direct appeal, and since it was not, the issue was waived. In addition, the PCR motion is time-barred and barred as a successive writ. |
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