Brown v. State

Court of Appeals of Mississippi

Brown v. State

256 So. 3d 643

Court of Appeals of Mississippi·Decided May 22, 2018·No. NO. 2017–CP–00620–COA·Published·Cited by 1 cases

Opinion

FAIR, J., FOR THE COURT:

¶ 1. In 1999, Eric Brown pled guilty to killing his girlfriend and their unborn child. This is his fifth motion for post-conviction relief. Brown contends that under Sanders v. State , 9 So.3d 1132, 1136 (¶ 16) (Miss. 2009), he should not have been allowed to plead guilty without an on-the-record competency hearing. He has raised this issue before, and we found Brown's claims time- and successive-writ barred because Sanders does not apply retroactively. Brown v. State , 198 So.3d 325, 325 (¶ 1) (Miss. Ct. App. 2015). For the same reasons as before, we affirm the dismissal of this latest PCR motion.

¶ 2. AFFIRMED.

LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, CARLTON, WILSON, GREENLEE, WESTBROOKS AND TINDELL, JJ., CONCUR.

Free access — add to your briefcase to read the full text and ask questions with AI

FAIR, J., FOR THE COURT:

¶ 1. In 1999, Eric Brown pled guilty to killing his girlfriend and their unborn child. This is his fifth motion for post-conviction relief. Brown contends that under Sanders v. State , 9 So.3d 1132, 1136 (¶ 16) (Miss. 2009), he should not have been allowed to plead guilty without an on-the-record competency hearing. He has raised this issue before, and we found Brown's claims time- and successive-writ barred because Sanders does not apply retroactively. Brown v. State , 198 So.3d 325, 325 (¶ 1) (Miss. Ct. App. 2015). For the same reasons as before, we affirm the dismissal of this latest PCR motion.

¶ 2. AFFIRMED.

LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, CARLTON, WILSON, GREENLEE, WESTBROOKS AND TINDELL, JJ., CONCUR.

Brown v. State, 256 So. 3d 643 (Mich. Ct. App. 2018).

Pincite

256 So. 3d 643 (Brown v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related