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Holloway v. State

Court of Appeals of Mississippi

May 28, 2019

Jason HOLLOWAY a/k/a Jason Rickey Holloway, Appellant
v.
STATE of Mississippi, Appellee

         Rehearing Denied November 5, 2019.

         DATE OF JUDGMENT: 06/22/2016

Page 835

         ALCORN COUNTY CIRCUIT COURT TRIAL JUDGE: HON. THOMAS J. GARDNER III

Page 836

          ATTORNEY FOR APPELLANT: JASON HOLLOWAY, Seattle (PRO SE).

         ATTORNEY FOR APPELLEE: OFFICE, OF THE ATTORNEY GENERAL, BY: BILLY L. GORE, Jackson.

         BEFORE J. WILSON, P.J., WESTBROOKS AND McDONALD, JJ.

         WESTBROOKS, J.

         ¶ 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 affirm.

         FACTS 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.[1]

         ¶ 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.[2] 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 ...


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