Before Pittman, P.j., Banks And Waller, JJ.
The opinion of the court was delivered by: Pittman, Presiding Justice
97-CA-00181-SCT, __ So. 2d __
JAMES MONROE GADDIS v. STATE OF MISSISSIPPI
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A
DATE OF JUDGMENT: 11/21/96
TRIAL JUDGE: HON. KOSTA N. VLAHOS
NATURE OF THE CASE: CIVIL - POST CONVICTION RELIEF
DISPOSITION AFFIRMED - 8/6/98
MOTION FOR REHEARING FILED:
James Monroe Gaddis (hereinafter "Gaddis") filed three motions for post-conviction relief in the Circuit Court of the Second Judicial District of Harrison County seeking relief from his June 4, 1986 murder conviction and sentence of life. On November 21, 1996, the trial court denied Gaddis' motion for post-conviction relief.
On February 18, 1986, Gaddis was indicted for the October 1, 1985, murder of Debbie Gaddis. On June 4, 1986, Gaddis was convicted of murder by a jury, and was sentenced to life in prison by Judge James Thomas. On June 24, 1986, Gaddis filed his Notice of Appeal with this Court. On September 7, 1988, this Court affirmed Gaddis's conviction.
On August 13, 1990, Gaddis's retained attorney, Earl B. Stegall, filed an unverified motion for post-conviction relief asserting that Gaddis's sentence of life imprisonment was against the overwhelming weight of the evidence. On November 19, 1990, Stegall filed a motion to withdraw as counsel. On April 17, 1991, the District Attorney's office filed its motion to dismiss Gaddis's motion for post-conviction relief. The motion to dismiss was apparently never ruled on. There is some confusion in the record, but it appears that none of Gaddis's attorneys ever gave notice to the trial court that a motion for post-conviction relief had been ...