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Badger v. State

Court of Appeals of Mississippi

August 22, 2017

CRAYTONIA LATROY BADGER A/K/A CRAYTONIA BADGER A/K/A CRAYTONIA L. BADGER APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 11/01/2016

         COPIAH COUNTY CIRCUIT COURT HON. LAMAR PICKARD

          ATTORNEY FOR APPELLANT: CRAYTONIA LATROY BADGER (PRO SE).

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

          BEFORE LEE, C.J., BARNES AND CARLTON, JJ.

          CARLTON, J.

         FOR THE COURT:

         ¶1. Craytonia Badger appeals the Copiah County Circuit Court's dismissal of his motion for postconviction relief (PCR) as time-barred. Finding no error, we affirm.

         FACTS

         ¶2. On November 10, 2009, a jury found Badger guilty of the burglary of a business. On November 23, 2009, the circuit court sentenced Badger as a habitual offender to life imprisonment in the custody of the Mississippi Department of Corrections (MDOC) without the possibility of parole. By order entered July 13, 2010, this Court remanded the case for a rehearing. Upon rehearing, the circuit court found that the State failed to meet the burden of proof required to sentence Badger as a habitual offender. As a result, on September 16, 2010, the circuit court entered an order vacating Badger's life sentence and resentencing him to seven years in MDOC's custody. Badger was released from MDOC's custody in July 2014.

         ¶3. On October 31, 2016, Badger filed the instant PCR motion. In his motion, Badger asserted (1) the State withheld evidence from the defense that would have proven his innocence; and (2) his trial attorney provided ineffective assistance of counsel. On November 2, 2016, the circuit court dismissed Badger's PCR motion as time-barred. Aggrieved, Badger appeals. On appeal, he reasserts his argument that the State withheld exculpatory evidence from the defense. He also argues that the circuit court erroneously denied his request for the jurors' personal information.

         STANDARD OF REVIEW

         ¶4. "When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's decision if it is clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard of review." Thinnes v. State, 196 So.3d 204, 207-08 (ΒΆ10) (Miss. Ct. App. ...


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