Brown v. State

BARNES, J.,

specially concurring:

¶ 16. I fully concur with the majority that Brown’s motion for post-conviction relief (PCR) is time-barred. However, I cannot leave unchallenged Judge Roberts’s conclusion in his separate opinion that the amendment to Mississippi Code Annotated section 99-39-5 eliminated the requirement that a person be in custody under the Mississippi sentence that he is challenging, and thus, Brown had standing to bring a motion for post-conviction relief. While the amendment alters the definition of custody to some extent, it does not delete the requirement of custody.

¶ 17.…