Booker v. State

¶ 18. The majority writes that the three-year statute of limitations which controls petitions for post conviction collateral relief begins to run from the conclusion of Booker’s direct appeal rather than from the entry of his guilty plea to capital murder. Thus, the majority holds that Booker’s attack on his guilty plea is not time-barred. In arriving at such a conclusion, it is noteworthy that the majority fails to cite any case authority. I reject outright the majority view.

¶ 19. The majority also reverses Booker’s sentence of death under the authority of Clemons v. Mississippi, 494 U.S.…