Collier v. State
| Docket Number: | 2011-CP-00768-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-26-2012 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Leave to file motion Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 05-18-2011 Appealed from: Tunica County Circuit Court Judge: Charles E. Webster Disposition: MOTION FOR POST-CONVICTION RELIEF DISMISSED FOR LACK OF JURISDICTION Case Number: 2011-0078 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Jerome Collier a/k/a Jerome C. Collier |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE |
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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 - Leave to file motion |
| Summary of the Facts: | Jerome Collier was convicted of robbery, and the circuit court entered a judgment on April 29, 1999, sentencing him to eight years. He filed a direct appeal of his conviction and sentence which were affirmed. Collier subsequently filed a PCR motion on July 6, 2005. The circuit court dismissed the motion. In 2011, Collier filed a second PCR motion with the circuit court which the court dismissed. Collier appeals. |
| Summary of Opinion Analysis: | If a prisoner’s direct appeal has been affirmed by the Mississippi Supreme Court or the Court of Appeals, then he must be granted leave from the Supreme Court before filing a PCR motion. Since there is no evidence that the Supreme Court granted Collier leave to file his PCR motion, both the circuit court and the appellate court lack jurisdiction to consider the motion. |
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