State v. Wills

The endeavor here is to extend the holding of this court in a recent case, the Byrd Case, 1 from the facts there involved to the fact situation present in this case. However, the initial issue is whether the appeal here is precluded.

Propriety of appeal. The state argues that defendant’s failure to appeal the denial of either or both of his first two motions for postconviction relief precludes him from appealing the denial of the third such motion. We agree that successive motions for postconviction relief, raising the same issues and seeking the same relief, need not be entertained. Even in…