Kelly Mann v. State of Mississippi

• Court: Court of Appeals of Mississippi
• Decided: May 1, 2018
• Docket: 2017-CP-00309-COA
• Status: Published

Opinion

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI

NO. 2017-CP-00309-COA

KELLY MANN A/K/A KELLY M. MANN APPELLANT

v.

STATE OF MISSISSIPPI APPELLEE

DATE OF JUDGMENT: 02/21/2017 TRIAL JUDGE: HON. CHRISTOPHER A. COLLINS COURT FROM WHICH APPEALED: LEAKE COUNTY CIRCUIT COURT ATTORNEY FOR APPELLANT: KELLY MANN (PRO SE) ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF DISPOSITION: AFFIRMED: 05/01/2018 MOTION FOR REHEARING FILED: MANDATE ISSUED:

BEFORE IRVING, P.J., FAIR AND WILSON, JJ.

FAIR, J., FOR THE COURT:

¶1. Kelly Mann appeals the denial and dismissal of his sixth motion for post-conviction

relief (PCR) from convictions of murder and armed robbery, the results of his guilty plea.

The Circuit Judge held that the “claims/arguments are the same as the ones previously

dismissed by this Court” in prior PCR petitions. In his judgment, he again found those

claims procedurally barred. Mann again appeals. Basing our decision on the directly on point

opinion handed down in Mann v. State, 167 So. 3d 279 (Miss. Ct. App. 2015), we again find

the judgment before us should be affirmed.

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