Denied November 5, 2019.
COUNTY CIRCUIT COURT TRIAL JUDGE: HON. THOMAS J. GARDNER III
ATTORNEY FOR APPELLANT: JASON HOLLOWAY, Seattle (PRO SE).
FOR APPELLEE: OFFICE, OF THE ATTORNEY GENERAL, BY: BILLY L.
J. WILSON, P.J., WESTBROOKS AND McDONALD, JJ.
1. Jason Rickey Holloway, appearing pro se, appeals the
Alcorn County Circuit Court's denial of his motion for
postconviction relief (PCR). After review of the record, we
AND PROCEDURAL HISTORY
2. On July 20, 2015, Holloway pleaded guilty to strong armed
robbery under Mississippi Code Annotated section 97-3-73
(Rev. 2006) and was sentenced as a non-violent offender under
Mississippi Code Annotated section 99-19-81 (Rev. 2007) to
fifteen years in the custody of the Mississippi Department of
Corrections in cause number CR2012-251.
3. On or about September 13, 2015, Holloway filed his first
PCR motion in cause number CR2012-251, alleging he was denied
his right to a speedy trial, his indictment was improper, his
lawyer was ineffective, and his plea was involuntary.
Holloway also filed a motion to withdraw his guilty plea and
enter a plea of not guilty. On June 15, 2016, the circuit
court summarily denied Holloway's PCR
motion. That same day, the circuit court
entered an order denying Holloway's pro se motion to
withdraw the guilty plea and enter a plea of not guilty. On
July 11, 2016, Holloway filed an out-of-time appeal, which he
called a "motion to proceed to the appeal court."
But, that motion was never addressed or forwarded to the
Mississippi Clerk of Appellate Courts.
4. On or about September 13, 2016, Holloway filed his second
PCR motion in the same cause number. In an order entered on
or about January 3, 2017, the circuit court denied
Holloway's second PCR motion finding it barred as a
successive writ. On July 25, 2017, Holloway filed a letter
deemed as a notice of appeal related to the circuit
court's denial of one of the motions filed in June 2016.
This Mississippi ...