Robert Tubwell v. State of Mississippi
Annotate this Case
Download PDF
IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2000-CP-01768-COA
ROBERT TUBWELL A/K/A ROBERT E. TUBWELL A/K/A ROBERT EARL
TUBWELL
v.
STATE OF MISSISSIPPI
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLANT
APPELLEE
10/04/2000
HON. W. SWAN YERGER
HINDS COUNTY CIRCUIT COURT
PRO SE
OFFICE OF THE ATTORNEY GENERAL
BY: SCOTT STUART
ELEANOR JOHNSON PETERSON
CIVIL - POST CONVICTION RELIEF
POST-CONVICTION RELIEF DENIED.
AFFIRMED - 06/18/2002
6/26/2002; denied 8/13/2002
8/30/2002
BEFORE KING, P.J., THOMAS, LEE, AND IRVING, JJ.
THOMAS, J., FOR THE COURT:
¶1. Robert Tubwell, pro se, appeals an order of the Circuit Court of Hinds County, Mississippi denying his
petition for post-conviction relief. Aggrieved, Tubwell perfected this appeal, raising the following issue as
error:
THE LOWER COURT COMMITTED MANIFEST ERROR IN DISMISSING
TUBWELL'S MOTION FOR POST-CONVICTION RELIEF.
Finding no error, we affirm.
FACTS
¶2. On July 6, 1989, Tubwell pled guilty to armed robbery. The trial court judge found Tubwell's guilty plea
to be voluntarily, intelligently and knowingly made. The trial court judge then sentenced him to serve a term
of twenty years in the custody of the Mississippi Department of Corrections, with fifteen years suspended
and five years of probation. On April 26, 2000, almost eleven years after entering a guilty plea, Tubwell
petitioned the lower court for post-conviction relief. The lower court held this petition to be time barred.
ANALYSIS
DID THE LOWER COURT COMMIT MANIFEST ERROR IN DISMISSING
TUBWELL'S MOTION FOR POST-CONVICTION RELIEF?
¶3. Mississippi Code Annotated § 99-39-5 (2) (Supp. 2001), states that:
A motion for relief under this article shall be made within three (3) years after the time in which the
prisoner's direct appeal is ruled upon by the Supreme Court of Mississippi or, in case no appeal is
taken, within three (3) years after the time for taking an appeal from the judgment of conviction or
sentence has expired, or in case of a guilty plea, within three (3) years after entry of the judgment of
conviction. Excepted from this three-year statute of limitations are those cases in which the prisoner
can demonstrate either that there has been an intervening decision of the Supreme Court of either the
State of Mississippi or the United States which would have actually adversely affected the outcome of
his conviction or sentence or that he has evidence, not reasonably discoverable at the time of trial,
which is of such nature that it would be practically conclusive that had such been introduced at trial it
would have caused a different result in the conviction or sentence. Likewise excepted are those cases
in which the prisoner claims that his sentence has expired or his probation, parole or conditional
release has been unlawfully revoked. Likewise excepted are filings for post-conviction relief in capital
cases which shall be made within one (1) year after conviction.
Id. Tubwell submitted his petition almost eleven years after offering a guilty plea. None of the above listed
exceptions apply to the case at hand. Therefore, this assertion of error is without merit.
¶4. THE JUDGMENT OF THE CIRCUIT COURT OF HINDS COUNTY DISMISSING POSTCONVICTION RELIEF WITH PREJUDICE IS AFFIRMED. ALL COSTS OF THIS APPEAL
ARE ASSESSED TO APPELLANT.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, IRVING, MYERS,
CHANDLER AND BRANTLEY, JJ., CONCUR.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
