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Riley v. State

Court of Appeals of Mississippi

October 28, 2014

WILLIE EARL RILEY A/K/A WILLIE RILEY A/K/A WILLIE E. RILEY, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

DATE OF JUDGMENT: 08/23/2013.

COURT FROM WHICH APPEALED: HOLMES COUNTY CIRCUIT COURT. TRIAL JUDGE: HON. JANNIE M. LEWIS. TRIAL COURT DISPOSITION: MOTION FOR POST-CONVICTION RELIEF DISMISSED.

WILLIE EARL RILEY, APPELLANT, Pro se.

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: BARBARA WAKELAND BYRD.

BEFORE LEE, C.J., ISHEE, ROBERTS AND JAMES, JJ. LEE, C.J., GRIFFIS, P.J., ISHEE, CARLTON, MAXWELL, FAIR AND JAMES, JJ., CONCUR. IRVING, P.J., AND BARNES, J., CONCUR IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 139

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

ROBERTS, J.

¶1. Willie Earl Riley appeals the Holmes County Circuit Court's judgment dismissing his sixth motion for post-conviction relief (PCR). Riley claims that the circuit court erred by finding that his most recent PCR motion is untimely and barred as a successive writ. Riley also claims that he received ineffective assistance of counsel, and the circuit court erred when it accepted his guilty plea to murder. Finding that Riley's sixth PCR motion is barred by the doctrine of res judicata, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. During 1999, Riley was charged with murdering his girlfriend, Ann Weatherall. He confessed that he shot her in the head after she told him that she did not want to be with him anymore. Later, Riley pled guilty to murder. Since then, he has repeatedly attempted to obtain post-conviction relief.

¶3. Riley filed his first PCR motion during 2000. Riley v. State, 90 So.3d 112, 114 (¶ 3) (Miss. Ct. App. 2011). The circuit court dismissed it, and Riley did not appeal. In July 2001, Riley filed his second PCR motion. He claimed that his guilty plea was involuntary, his sentence was illegal, and he received ineffective assistance of counsel. Id. at (¶ 4). The circuit court dismissed Riley's second PCR motion, and this Court affirmed the circuit court's judgment in Riley v. State, 848 So.2d 888, 889 (¶ 2) (Miss. Ct. App. 2003).

¶4. The circuit court summarily dismissed Riley's third and fourth PCR motions. There is no indication that he appealed the circuit court's decisions. During late 2009, Riley filed his fifth PCR motion. Riley, 90 So.3d at 114 (¶ 8). After the circuit court summarily dismissed it because it was barred as a successive writ, Riley appealed to this Court. Id. That appeal culminated in this Court's second reported opinion regarding Riley's attempts to obtain post-conviction relief. Id. We noted that we had previously addressed Riley's claims that he did not plead ...


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