Peterson v. State

MYERS, P.J.,

for the Court.

¶ 1. Jon Kurrie Peterson filed a pro se “Motion to Vacate Judgment and Sentence or in the Alternative Motion for New Trial with Brief in Support” in the Circuit Court of Harrison County on April 22, 2008. The circuit court took Peterson’s motion as one for post-conviction relief and dismissed it for want of jurisdiction, citing Mississippi Code Annotated section 99-39-7 (Rev.2007), which requires that a prisoner, whose conviction and sentence have been affirmed on appeal, must seek leave of the supreme court before filing a motion for post-conviction relief in the…