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Edmond v. State

Court of Appeals of Mississippi

June 24, 2014

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

COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 07/19/2012. TRIAL JUDGE: HON. JEFF WEILL SR. TRIAL COURT DENIED MOTION FOR POST-CONVICTION RELIEF

FOR APPELLANT: ALBERT EDMOND (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LISA L. BLOUNT.

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

OPINION

Page 59

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

IRVING, P.J.

¶1. Albert Edmond appeals the Hinds County Circuit Court's denial of his motion for post-conviction relief (PCR). Edmond argues that an intervening decision exempts his PCR motion from the time and successive-writ bars and that the circuit court unlawfully revoked his parole.

¶2. Finding that the circuit court lacked jurisdiction to consider Edmond's PCR motion, we vacate the circuit court's judgment and dismiss this appeal.

FACTS

¶3. On March 7, 1974, a Hinds County jury found Edmond guilty of forcible rape. The circuit court sentenced Edmond to life imprisonment. The Mississippi Supreme Court affirmed Edmond's conviction and sentence. Edmond v. State, 312 So.2d 702, 706 (Miss. 1975). On June 16, 1982, Edmond was released on conditional parole. One of the conditions of Edmond's parole was that he would " live and remain at liberty without violating the law." According to a parole-violation report issued by Edmond's parole field supervisor, on July 1, 1982, Edmond

entered the home of Bernice Rivers . . . by taking the screen off the bathroom window at 5:00 a.m. Records further reflect[] that the defendant[,] dressed in only a tee shirt[,] grabbed . . . [an eighteen-year-old female] and attempted to pull her clothes off. Records further indicated that [the eighteen-year-old female] turned the light on[,] . . . hit the defendant[,] and ran out the room.

¶4. The Cleveland Police Department arrested Edmond on July 3, 1982, and charged him with breaking and entering an occupied dwelling. Instead of standing trial for breaking and entering an occupied dwelling, Edmond pleaded guilty to a reduced charge of malicious trespassing and received a sentence of six days in jail. The Mississippi Department of Corrections (MDOC) issued a retake warrant, and Edmond signed a " waiver of [the] right to [a] preliminary parole[-]revocation hearing." On August 2, 1982, MDOC held a parole-revocation hearing, after which the Probation and Parole Board revoked Edmond's parole.

¶5. In 1999, Edmond filed a petition for a writ of habeas corpus in the Greene County Circuit Court, alleging that MDOC unlawfully revoked his parole by not ...


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