Legal Opinion

Walker v. State

Court of Appeals of Mississippi

Decided March 30, 2010No. 2008-CP-01987-COA, 2008-CP-01988-COAPublishedCited by 17 opinions

1Opinion of the Court

MAXWELL, J.,

for the Court:

¶ 1. Demario Walker submitted three pro se filings in the Circuit Court of Marion County, which were labeled “Motion for Post-Conviction Collateral Relief,” “Petition for an Order to Show Cause,” and “Petition to Clarify Sentence.” The circuit court treated the latter two filings as requests for post-conviction relief (PCR), and dismissed them under Mississippi Code Annotated section 99-39-23(6) (Supp.2009) as proeedurally-barred successive writs. On appeal, Walker argues the circuit court erred in treating these filings as PCR motions.

¶ 2. The circuit court also…

2Cases cited12 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. State v. SantiagoMississippi Supreme Court · 2000
  3. Robinson v. StateCourt of Appeals of Mississippi · 2009
  4. Burns v. StateCourt of Appeals of Mississippi · 2006
  5. Ivy v. StateMississippi Supreme Court · 1997

7 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. McKenzie v. StateCourt of Appeals of Mississippi · 2011
  2. Walker v. StateCourt of Appeals of Mississippi · 2010
  3. Hollingsworth v. StateCourt of Appeals of Mississippi · 2011
  4. Demario Walker v. Bryan A. BaileyCourt of Appeals of Mississippi · 2018
  5. Johnnie Wheeler v. State of MississippiCourt of Appeals of Mississippi · 2015

12 more not listed; retrieve them via the Exa API.

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