Legal Opinion · Concurring in part, dissenting in part

Brown v. State

Court of Appeals of Mississippi

Decided June 12, 2012No. 2010-CP-01757-COAPublished

1Concurring in part, dissenting in partRoberts, J.

¶ 19. While I agree with the majority’s finding that the statutory time and subsequent-writ bars prohibit granting Brown relief under Mississippi’s PCR statute, I must respectfully dissent from the majority’s gratuitous assertions in regard to Brown’s standing to file his PCR motion. I am compelled to clarify my points of concern and dissent from the standing analysis.

¶ 20. It is important to note that in the majority’s opinion, it finds Brown does not have standing to file his PCR motion.2 If a petitioner lacks standing to file a PCR motion, the circuit court and ultimately this Court…

2Cases cited7 opinions

  1. Wilson v. StateCourt of Appeals of Mississippi · 2011
  2. Pruitt v. Hancock Medical CenterMississippi Supreme Court · 2006
  3. Putnam v. EppsCourt of Appeals of Mississippi · 2007
  4. Brown v. StateCourt of Appeals of Mississippi · 2011
  5. Winborn v. StateMississippi Supreme Court · 1952

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