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Edmond v. State

Court of Appeals of Mississippi

September 17, 2013

ALBERT EDMOND A/K/A ALBERT EDMONDS, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT fro WHICH APPEALED: HINDS COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 12/05/2011. TRIAL JUDGE: HON. JEFF WEILL SR. TRIAL COURT DISMISSED PETITION FOR POST-CONVICTION RELIEF.

DISPOSITION: AFFIRMED.

FOR APPELLANT: ALBERT EDMOND (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.

BEFORE LEE, C.J., FAIR AND JAMES, JJ. IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR.

OPINION

Page 356

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

LEE, C.J.

FACTS AND PROCEDURAL HISTORY

¶1. Albert Edmond was convicted of forcible rape in Hinds County in 1974 and was sentenced to life imprisonment. The Mississippi Supreme Court affirmed his conviction in Edmond v. State, 312 So.2d 702, 706 (Miss. 1975). Although Edmond had been released on parole, his parole was revoked in 1982. Edmond filed his first petition for post-conviction relief (PCR) in June 2000, which the trial court denied. This Court affirmed the trial court's decision in Edmond v. State, 845 So.2d 701, 702 (¶ 1) (Miss. Ct. App. 2003), finding Edmond's petition for PCR was time-barred.

¶2. Edmond filed another petition for PCR on May 31, 2011. The trial court dismissed the petition, finding it time-barred and without merit. Edmond now appeals, asserting that the time-bar did not apply and that his indictment was defective.

STANDARD OF REVIEW

¶3. When reviewing a trial court's denial or dismissal of a petition for PCR, we will only disturb the trial court's factual findings if they are clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review. Hu ...


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