Pinson v. State

MYERS, J.,

for the Court.

¶ 1. Ruben Pinson filed a motion for post-conviction relief in the Circuit Court of Calhoun County. The circuit court, without going into the merits of Pinson’s claim, denied the motion as being an impermissible second filing for relief. Pinson appeals and now requests our review of that decision.

I. DID THE TRIAL COURT ERR IN DENYING PINSON’S SUCCESSIVE MOTION FOR POST-CONVICTION RELIEF?

STATEMENT OF FACTS

¶ 2. On January 13, 1999, Ruben Pinson was indicted for aggravated assault and for two counts of the sale of marijuana. Pin-son waived the formal indictments, and an…