Johnson v. State

GREENLEE, J.,

for the Court:

¶ 1. Sammie Lee Johnson appeals the dismissal of his fifth motion for post-conviction relief (PCR). Because we find his motion is successive, untimely, not excepted from the successive-writ bar nor the time-bar, barred by res judicata, and without merit, we affirm the circuit court’s dismissal.

FACTS AND PROCEEDINGS BELOW

¶ 2. On August 19, 2002, Johnson pleaded guilty to capital murder, and was sentenced to life without the possibility of parole.

¶ 3. Johnson filed four previous PCR motions, and all four were denied. Johnson appealed his third and fourth denial to…