Booker v. State

BANKS, Justice,

for the Court:

¶ 1. This matter is before the Court on the appellant-petitioner’s appeal of the circuit court’s denial of post-conviction relief as to his guilty plea, and an appeal of his sentence. We are compelled to reverse the sentence under Clemons v. Mississippi, 494 U.S. 738, 110 S.Ct. 1441, 108 L.Ed.2d 725 (1990), and its progeny. We also conclude that Booker’s attack on his guilty plea is not time-barred.

I

¶2. John Earl Booker pled guilty to the capital murder of O.M. Martin and was sentenced to death by judgment entered in the Circuit Court of Tate County, Mississippi1,…