Public-domain · open source
OpenJurist

256 So. 3d 643

Brown v. State

Court of Appeals of Mississippi

Decided May 22, 2018

Court of Appeals of Mississippi · decided 2018-05-22

Relies on Sanders v. State · 198 So. 3d 325 - Eric LaQuinne Brown v. State of Mississippi

Decided 2018-05-22

FAIR, J., FOR THE COURT:

¶1¶ 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¶ 2. AFFIRMED.

¶3LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, CARLTON, WILSON, GREENLEE, WESTBROOKS AND TINDELL, JJ., CONCUR.

/256/so3d/643 · .json · Public domain