Legal Opinion · Dissent

Williams v. State

Court of Appeals of Mississippi

Decided June 14, 2011No. 2009-CP-01788-COAPublished

1DissentRoberts, J.

¶ 21. Today’s case is a simple one. In the scheme contained in the Mississippi Uniform Post-Conviction Collateral Relief *325Act, when a prisoner seeks a collateral attack on his conviction or sentence, he must commence his attack in the court that last had jurisdiction over his conviction and sentence. Martin v. State, 556 So.2d 357, 359 (Miss.1990). The court that last exercises jurisdiction has original, exclusive jurisdiction to entertain any attempt at a collateral attack. Id. In Antonio Williams’s case, that court was, most definitely, the Mississippi Supreme Court and not the Hinds County…

2Cases cited7 opinions

  1. Drummond v. StateMississippi Supreme Court · 1938
  2. Martin v. StateMississippi Supreme Court · 1990
  3. Williams v. StateMississippi Supreme Court · 1990
  4. Slater v. BishopMississippi Supreme Court · 1964
  5. Winborn v. StateMississippi Supreme Court · 1952

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