Sneed v. State, No. 97-CP-00531-SCT.
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | Before SULLIVAN, P.J., BANKS AND WALLER, JJ. |
| Citation | 722 So.2d 1255 |
| Parties | Brian SNEED, a/k/a Brian Ellis Sneed v. STATE of Mississippi. |
| Decision Date | 17 September 1998 |
| Docket Number | No. 97-CP-00531-SCT. |
722 So.2d 1255
Brian SNEED, a/k/a Brian Ellis Sneedv.
STATE of Mississippi
No. 97-CP-00531-SCT.
Supreme Court of Mississippi.
September 17, 1998.
Pro se, Attorney for Appellant.
Office of the Attorney General By Jeffrey A. Klingfuss, Jackson, Attorney for Appellee.
Before SULLIVAN, P.J., BANKS AND WALLER, JJ.
BANKS, Justice, for the Court:
¶ 1. This pro se appeal is before the Court from an order entered by the Panola County Circuit Court denying appellant's Petition for Post-Conviction Relief. This appeal raises
I.
¶ 2. Appellant, Brian Ellis Sneed, appeals from the Circuit Court of Panola County, Second Judicial District, where he pled guilty on July 13, 1993, to burglary as a habitual offender and was sentenced to a term of six years without the possibility of parole or reduction in sentence on August 18, 1993. His attorney of record, William J. Clayton, assisted Sneed. On September 1, 1995, Sneed filed a petition for post conviction relief in the circuit court, citing new evidence and ineffective assistance of counsel. The order denying that motion was filed on December 5, 1995. On September 30, 1996, Sneed filed a motion to reconsider his post conviction motion which was denied by the Circuit Court on December 2, 1996.
¶ 3. Sneed then filed a Notice of Appeal in the Circuit Court on December 16, 1996. This notice was accompanied by motions to proceed in forma pauperis and for appointment of counsel. The Circuit Court filed its order denying these motions on January 30, 1997.
¶ 4. On February 6, 1997, Sneed filed a Motion to Set Aside Order Denying Motion to Reconsider Post Conviction Relief, but the Circuit Court denied the motion on February 25, 1997. Sneed filed a motion to proceed on appeal out of time and related motions with this Court. That motion and related motions were denied by this Court by order dated May 22, 1997 in cause number 96-1372.
¶ 5. On March 14, 1997, Sneed filed for post conviction relief to correct his sentence claiming his sentence has expired due to improper enhancement under § 99-19-81. This motion was denied by an order filed by the Circuit Court on April 3, 1997 as time barred pursuant to MISS.CODE ANN. § 99-39-5(2) (1972) and successive in nature pursuant to MISS.CODE ANN. § 99-39-23(6) (1972). Appellant filed a notice of appeal from that order on April 18, 1997.
¶ 6. Sneed filed an untimely Motion to Reconsider/Set Aside Order Denying Motion to Correct Sentence on June 30, 1997. The Circuit Court denied the motion to reconsider but granted his request to appeal in forma pauperis to the Mississippi Supreme Court on July 18, 1997.
II.
a.
¶ 7. Sneed claims that the trial court erroneously dismissed his post conviction motion as time-barred by the three-year time limitation under § 99-39-5(2) and successive in nature under § 99-39-23. Sneed brought his motion for post conviction relief before this Court pursuant to §...
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Hampton v. State, No. 2011–KA–01641–COA.
...be free from an illegal sentence ... to be fundamental.” Kennedy v. State, 732 So.2d 184, 186 ( ¶ 8) (Miss.1999) (citing Sneed v. State, 722 So.2d 1255, 1257 ( ¶ 11) (Miss.1998)). Thus, Hampton is entitled to have his claim considered on the merits.¶ 21. Hampton argues that the trial court ......
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ROWLAND v. State of Miss., No. 2008-CP-00731-COA.
...it is necessary to protect fundamental rights, the procedural bar may not apply to a motion for post-conviction relief. Sneed v. State, 722 So.2d 1255, 1257 (¶ 11) (Miss.1998). "The right to be free from an illegal sentence has been found to be fundamental." Id. A claim that the defendant i......
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Crawford v. Mississippi, No. 1:18CV212-SA-RP
...shall be conclusive until reversed. It shall be a bar to a second or successive motion under this article."); see also Sneed v. State, 722 So. 2d 1255, 1256 (Miss. 1998); Buice 2 v. State, 751 So. 2d 1171Page 8 (Miss. Ct. App. 1999), reh'g denied, Feb. 8, 2000. As such, this court may not r......
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Buice v. State, No. 1998-CA-01156-COA.
...one of the exceptions and has not been previously argued and a decision rendered on the merits by the trial court. In Sneed v. State, 722 So.2d 1255, 1256 (Miss. 1998), Sneed had filed two petitions for post-conviction relief. The first petition was denied. Id. Sneed filed a motion to recon......
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Hampton v. State, No. 2011–KA–01641–COA.
...be free from an illegal sentence ... to be fundamental.” Kennedy v. State, 732 So.2d 184, 186 ( ¶ 8) (Miss.1999) (citing Sneed v. State, 722 So.2d 1255, 1257 ( ¶ 11) (Miss.1998)). Thus, Hampton is entitled to have his claim considered on the merits.¶ 21. Hampton argues that the trial court ......
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ROWLAND v. State of Miss., No. 2008-CP-00731-COA.
...it is necessary to protect fundamental rights, the procedural bar may not apply to a motion for post-conviction relief. Sneed v. State, 722 So.2d 1255, 1257 (¶ 11) (Miss.1998). "The right to be free from an illegal sentence has been found to be fundamental." Id. A claim that the defendant i......
-
Crawford v. Mississippi, No. 1:18CV212-SA-RP
...shall be conclusive until reversed. It shall be a bar to a second or successive motion under this article."); see also Sneed v. State, 722 So. 2d 1255, 1256 (Miss. 1998); Buice 2 v. State, 751 So. 2d 1171Page 8 (Miss. Ct. App. 1999), reh'g denied, Feb. 8, 2000. As such, this court may not r......
-
Buice v. State, No. 1998-CA-01156-COA.
...one of the exceptions and has not been previously argued and a decision rendered on the merits by the trial court. In Sneed v. State, 722 So.2d 1255, 1256 (Miss. 1998), Sneed had filed two petitions for post-conviction relief. The first petition was denied. Id. Sneed filed a motion to recon......