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Green v. State

Court of Appeals of Mississippi

September 19, 2017

JESS GREEN A/K/A JESS LEE GREEN A/K/A JESS L. GREEN APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 07/25/2016

         JACKSON COUNTY CIRCUIT COURT HON. DALE HARKEY

          JESS GREEN (PRO SE) ATTORNEY FOR APPELLANT

          LAURA HOGAN TEDDER ATTORNEY FOR APPELLEE

         EN BANC.

          LEE, C.J.,

         ¶1. In this appeal, we must determine whether the trial court erred in finding Jess Green's motion for postconviction relief (PCR) was time-barred and without merit. Finding no error, we affirm.

         PROCEDURAL HISTORY

         ¶2. On August 4, 2008, in the Jackson County Circuit Court, Green pleaded guilty in cause number 2007-11, 197 to two counts of kidnapping and two counts of sexual battery. Green simultaneously pleaded guilty in cause number 2007-11, 198 to kidnapping, armed robbery, and attempted sexual battery. Green was ordered to serve thirty years for each count in the custody of the Mississippi Department of Corrections, with the sentences to be served concurrently with each other.

         ¶3. Green filed a PCR motion on July 27, 2015. The trial court denied Green's PCR motion in part, finding that most of Green's claims were time-barred and lacked merit. However, the trial court requested more information from the State regarding possible trace evidence recovered from one victim's car and whether this evidence was tested or capable of being tested. The State responded that no such evidence was collected. The trial court then denied Green's remaining claim and dismissed his PCR motion with prejudice.

         ¶4. Green now appeals, asserting the trial court erred in finding the following issues were time-barred and/or without merit: (1) the accuracy of his presentence investigation report (PSI); (2) the reliability of the DNA results in both cause numbers; (3) the voluntariness of his guilty plea; (4) the denial of seventeen additional claims; (5) the denial of his motion for a default judgment; (6) the denial of his motion for recusal; and (7) the denial of his motion for appointment of counsel.

         STANDARD OF REVIEW

         ¶5. When reviewing a trial court's denial or dismissal of a PCR motion, we will only disturb the trial court's decision if the trial court abused its discretion and the decision is clearly erroneous; however, we review the trial court's legal conclusions under a de novo standard ...


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