PCR motion bar (Mississippi) · Go Syfert
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PCR motion bar in Mississippi

9 Mississippi opinions name it 1 courts 2013–2024 2 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Derrick Stokes v. State of Mississippigreen
missctapp · 2016 · cited in 5 Mississippi opinions naming this issue, 2017–2018
2 sentences

2018"Under the UPCCRA, any order denying or dismissing a PCR motion is a bar to a second or successive PCR motion." Stokes v. State , 199 So.3d 745 , 749 (¶ 9) (Miss.

2018"In addition to the time bar, 'under the UPCCRA, any order denying or dismissing a PCR motion is a bar to a second or successive PCR motion.' " Duncan , 226 So.3d at 129 (¶ 9) (quoting Stokes v. State , 199 So.3d 745 , 748 (¶ 7) (Miss.

35
Evans v. Stategreen
missctapp · 2013 · cited in 2 Mississippi opinions naming this issue, 2019–2024
2 sentences

2024Evans v. State, 115 So. 3d 879, 880 (¶2) (Miss.

2019“Under Mississippi’s Uniform Post-Conviction Collateral Relief Act (UPCCRA), any order denying or dismissing a PCR motion is a bar to a second or successive PCR motion.” Evans v. State, 115 So. 3d 879, 880 (¶2) (Miss.

22
Wendell Duncan v. State of Mississippigreen
missctapp · 2017 · cited in 1 Mississippi opinions naming this issue, 2018–2018
1 sentence

2018"In addition to the time bar, 'under the UPCCRA, any order denying or dismissing a PCR motion is a bar to a second or successive PCR motion.' " Duncan , 226 So.3d at 129 (¶ 9) (quoting Stokes v. State , 199 So.3d 745 , 748 (¶ 7) (Miss.

11
Read v. Stategreen
miss · 1983 · cited in 1 Mississippi opinions naming this issue, 2013–2013
1 sentence

2013“The Mississippi Supreme Court has stated that, where the record cannot support an ineffective assistance of counsel claim on direct appeal, the appropriate conclusion is to deny relief, preserving the defendant’s right to argue the same issue through a petition for post-conviction relief.” Aguilar, 847 So.2d at 878 (¶17) (citing Read v. State, 430 So.2d 832, 837 (Miss.1983)); see also Havard, 928 So.2d at 786 (¶ 18) (finding defendant had preserved his right to raise issue that was not fully developed on direct appeal in a future PCR proceeding).

11
Havard v. Stategreen
miss · 2006 · cited in 1 Mississippi opinions naming this issue, 2013–2013
1 sentence

2013“The Mississippi Supreme Court has stated that, where the record cannot support an ineffective assistance of counsel claim on direct appeal, the appropriate conclusion is to deny relief, preserving the defendant’s right to argue the same issue through a petition for post-conviction relief.” Aguilar, 847 So.2d at 878 (¶17) (citing Read v. State, 430 So.2d 832, 837 (Miss.1983)); see also Havard, 928 So.2d at 786 (¶ 18) (finding defendant had preserved his right to raise issue that was not fully developed on direct appeal in a future PCR proceeding).

11
Aguilar v. Stategreen
missctapp · 2002 · cited in 1 Mississippi opinions naming this issue, 2013–2013
1 sentence

2013“The Mississippi Supreme Court has stated that, where the record cannot support an ineffective assistance of counsel claim on direct appeal, the appropriate conclusion is to deny relief, preserving the defendant’s right to argue the same issue through a petition for post-conviction relief.” Aguilar, 847 So.2d at 878 (¶17) (citing Read v. State, 430 So.2d 832, 837 (Miss.1983)); see also Havard, 928 So.2d at 786 (¶ 18) (finding defendant had preserved his right to raise issue that was not fully developed on direct appeal in a future PCR proceeding).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Higginbotham v. State green
missctapp · 2012
1 sentence

2023Id. at (¶16).

12023–2023

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-39-23 (4) MS § Miss. Code Ann. § 99-39-5 (4) MS § Miss. Code Ann. § 97-3-19 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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