Wilson v. State
| Docket Number: | 2014-CP-01732-COA Linked Case(s): 2014-CP-01732-COA ; 2014-CT-01732-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 03-08-2016 Opinion Author: Irving, P.J. Holding: Affirmed. |
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| Additional Case Information: |
Topic: Post-conviction relief - Successive writ - Section 99-39-23(6) - Defective indictment - Res judicata - Time bar Judge(s) Concurring: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ. Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 10-08-2014 Appealed from: AMITE COUNTY CIRCUIT COURT Judge: HON. FORREST A. JOHNSON JR. Disposition: Denied appellant's motion for post-conviction relief Case Number: 1857 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Charles Edward Wilson a/k/a Charles Wilson a/k/a Charles E. Wilson a/k/a Winding |
CHARLES EDWARD WILSON (PRO SE) |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: BARBARA WAKELAND BYRD | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Post-conviction relief - Successive writ - Section 99-39-23(6) - Defective indictment - Res judicata - Time bar |
| Summary of the Facts: | In 1983, Charles Wilson was convicted of kidnapping and sentenced to life. After that conviction and sentencing, Wilson took a plea deal on the separate, yet related, rape charge. The plea agreement provided that Wilson would waive his right to an appeal of the kidnapping conviction and plead guilty to the rape charge. Also, the plea agreement provided that the State would recommend that Wilson be sentenced to forty years on the rape charge, with the sentence to run concurrently to his life sentence on the kidnapping conviction. In 1986, Wilson filed a motion for post-conviction relief which the court denied. The denial was affirmed on appeal. In 2014, after a host of other motions had been filed by Wilson and ruled on by both the Supreme Court and the circuit court, Wilson filed his second PCR motion. The trial court denied the motion, and Wilson appeals. |
| Summary of Opinion Analysis: | Wilson filed his first PCR motion on June 20, 1986, and the circuit court denied that motion. Wilson appealed, and the Supreme Court affirmed the judgment of the circuit court. Based on the provisions of section 99-39-23(6), Wilson was precluded from filing the current PCR motion as a successive writ. Wilson argues that his indictment was defective in that it failed to allege that all of the actions constituting the essential elements of kidnapping occurred in Amite County. Wilson is correct that if his indictment failed to allege an essential element of the crime that he was convicted of, he would not be precluded from raising that issue now. However, Wilson raised in his first PCR motion the issue of his indictment being defective. So this issue is res judicata and cannot serve to remove the procedural bars. In addition, he filed his motion more than twenty-seven years after it was required to be filed. Thus, the circuit court did not err in finding that it was time-barred. |
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