Legal Opinion

Ducksworth v. State

Court of Appeals of Mississippi

Decided December 4, 2012No. 2011-CP-01671-COAPublishedCited by 3 opinions

1Opinion of the Court

MAXWELL, J„

for the Court:

¶ 1. Michael Ducksworth’s motion for post-conviction relief (PCR) claiming an “illegal-sentence” is really a challenge to his parole-eligibility date. The Forrest County Circuit Court found Ducksworth’s motion was untimely based on the PCR statute’s three-year time-bar. We too find Ducksworth’s motion was filed too late— not because of the PCR statute’s three-year time limit but because the issue of his parole eligibility is moot.

¶2. A case is moot when a the relief sought would be of no practical benefit. By the time Ducksworth filed his motion, the Mississippi…

2Cases cited10 opinions

  1. Ivy v. StateMississippi Supreme Court · 1999
  2. Gartrell v. GartrellMississippi Supreme Court · 2006
  3. Vice v. StateMississippi Supreme Court · 1996
  4. Fails v. Jefferson Davis County Public School BoardMississippi Supreme Court · 2012
  5. Lattimore v. SparkmanCourt of Appeals of Mississippi · 2003

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

3Cited by3 opinions

  1. Davarrius Brown v. State of MississippiCourt of Appeals of Mississippi · 2017
  2. Michael Ducksworth v. State of MississippiCourt of Appeals of Mississippi · 2015
  3. Michael Ducksworth v. State of MississippiCourt of Appeals of Mississippi · 2015

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