Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Allen v. State

Court of Appeals of Mississippi

October 14, 2014

WILLIE JAMES ALLEN A/K/A WILLIE J. ALLEN A/K/A MOOKIE, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 06/25/2013

WILKINSON COUNTY CIRCUIT COURT HON. LILLIE BLACKMON SANDERS JUDGE

ATTORNEY FOR APPELLANT: WILLIE JAMES ALLEN (PRO SE)

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LADONNA C. HOLLAND

BEFORE GRIFFIS, P.J., MAXWELL AND FAIR, JJ.

MAXWELL, J.

¶1. Willie James Allen was charged with killing two people and injuring another during a 1993 nightclub shooting. Allen pled guilty to murder, manslaughter, and aggravated assault. Almost twenty years into his life sentence, [1] he argued his guilty pleas were involuntary and new evidence showed he was not guilty. Allen asked for appointed counsel to pursue these claims. The circuit judge treated his filing as a motion for post-conviction relief (PCR) and dismissed the motion. After review, we find Allen's post-conviction challenge is almost two decades too late and is also successive-writ barred. We thus find no error in the dismissal of his motion and denial of counsel. We affirm.

Facts and Procedural History

¶2. Allen was charged with shooting Ronald Lee Mars, Carolyn Denise Jackson, and Tyrone Jackson with a rifle. The shooting happened on New Year's Eve 1993 at the Ace of Hearts Club in Centerville, Mississippi. Ronald and Carolyn died but Tyrone survived. On April 15, 1995, Allen pled guilty to murder, manslaughter, and aggravated assault. He was sentenced to life for murder, twenty consecutive years for manslaughter, and a concurrent ten years for aggravated assault.

¶3. Allen's first PCR motion was dismissed by the circuit court on March 20, 2003. And his later appeal to the Mississippi Supreme Court was dismissed for failure to pay appeal costs. The supreme court's mandate issued June 9, 2003.

¶4. Ten more years passed before Allen filed a June 21, 2013 motion. In his motion, Allen sought appointed counsel and claimed his trial attorney was ineffective. He also detailed what he deemed "newly discovered evidence"—the identity of the real shooter— which he argued undermined his guilty pleas. The circuit judge treated the filing as a PCR motion. She denied his request for counsel and dismissed his PCR claims as time-barred. Allen appealed.

Discussion

¶5. In reviewing the dismissal of a PCR motion, we "will not disturb the circuit court's factual findings unless they are clearly erroneous." Smith v. State, 118 So.3d 180, 182 (¶6) (Miss. Ct. App. 2013) (citing Holloway v. State, 31 So.3d 656, 657 (ΒΆ5) ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.