Dunaway v. State, 031919 MSCA, 2017-CP-01692-COA

Docket Nº:2017-CP-01692-COA
Opinion Judge:GREENLEE, J.
Party Name:BILLY RAY DUNAWAY A/K/A BILLY RAY DUNNAWAY A/K/A BILLY DUNAWAY APPELLANT v. STATE OF MISSISSIPPI APPELLEE
Attorney:ATTORNEY FOR APPELLANT: BILLY RAY DUNAWAY (PRO SE) ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL SCOTT STUART
Judge Panel:BEFORE J. WILSON, P.J., GREENLEE AND McCARTY, JJ. BARNES, C. J, CARLTON AND J WILSON, PJJ, WESTBROOKS, TINDELL, McDONALD, LAWRENCE, McCARTY AND C WILSON, JJ, CONCUR
Case Date:March 19, 2019
Court:Court of Appeals of Mississippi
 
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BILLY RAY DUNAWAY A/K/A BILLY RAY DUNNAWAY A/K/A BILLY DUNAWAY APPELLANT

v.

STATE OF MISSISSIPPI APPELLEE

No. 2017-CP-01692-COA

Court of Appeals of Mississippi

March 19, 2019

DATE OF JUDGMENT: 10/17/2017

PIKE COUNTY CIRCUIT COURT TRIAL JUDGE: HON. MICHAEL M. TAYLOR

ATTORNEY FOR APPELLANT: BILLY RAY DUNAWAY (PRO SE)

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL SCOTT STUART

BEFORE J. WILSON, P.J., GREENLEE AND McCARTY, JJ.

GREENLEE, J.

¶1. This is an appeal from the Pike County Circuit Court's denial of Billy Ray Dunaway's motion for post-conviction relief (PCR) as meritless. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. Eighteen-year-old Edward Lloyd Hux (Hux) visited his mother at her work one evening. She tended bar at a local place, and her boyfriend, Billy Ray Dunaway (Dunaway), had driven Hux to see her. When they left, Hux's mother asked Dunaway to let Hux drive because Dunaway was clearly drunk. Dunaway adamantly refused, and after having driven only a short distance, he swerved into oncoming traffic. His truck flipped and threw Dunaway from his seat to the road. But Hux's body was pinned underneath the wreckage.

¶3. Emergency vehicles took both men to a nearby hospital. Soon after their arrival, doctors pronounced Hux dead.

¶4. A Pike County jury found Dunaway guilty of vehicular homicide. The circuit court amended his indictment, sentenced him as a habitual offender to twenty-five years in the custody of the Mississippi Department of Corrections, and ordered him to pay a $10, 000 fine.

¶5. Dunaway appealed. He challenged the sufficiency of the evidence and alleged that the circuit court erred in admitting certain evidence. This Court found no error and affirmed his conviction and sentence. Dunaway v. State, 919 So.2d 67, 69 (¶2) (Miss. Ct. App. 2005). Our supreme court then dismissed his petition for certiorari. Dunaway v. State, 920 So.2d 1008 (Miss. 2005). The mandate issued in February 2006.

¶6. Next, Dunaway filed for leave to seek post-conviction relief in the trial court. The Mississippi Supreme Court denied him leave. He filed again, and the supreme...

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