Timothy Edward Myers v. State of Mississippi
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2006-CP-00995-COA
TIMOTHY EDWARD MYERS
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEE
11/29/2005
HON. ROBERT P. KREBS
JACKSON COUNTY CIRCUIT COURT
TIMOTHY EDWARD MYERS (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: DEIRDRE MCCRORY
CIVIL - POST-CONVICTION RELIEF
MOTION FOR POST-CONVICTION RELIEF
DISMISSED
AFFIRMED - 06/26/2007
BEFORE LEE, P.J., IRVING AND CHANDLER, JJ.
LEE, P.J., FOR THE COURT:
FACTS AND PROCEDURAL HISTORY
¶1.
On August 27, 1996, Timothy Edward Myers pled guilty in the Jackson County Circuit Court
to one count of kidnapping. On February 26, 1997, Myers filed a motion to withdraw his guilty plea
and/or set aside conviction. On March 11, 1997, the trial court entered an order to correct an error
in Myers’s guilty plea. Myers was also sentenced at this time as a habitual offender to serve thirty
years in the custody of the Mississippi Department of Corrections. On January 27, 1999, Myers
filed a motion for post-conviction relief, which was subsequently denied. However, Myers appealed
to this Court and we reversed and remanded for a new sentencing hearing. See Myers v. State, 770
So. 2d 542 (Miss. Ct. App. 2000). Ultimately, Myers was sentenced to serve twenty-five years.
¶2.
Myers filed another motion for post-conviction relief on August 4, 2005. On November 29,
2005, the trial court entered an order dismissing Myers’s motion for relief finding that the issues
raised in Myers’s motion had already been addressed in the January 27, 1999 motion, thus the
motion was a successive writ pursuant to Mississippi Code Annotated Section 99-39-23(6) (Supp.
2006). The trial court also found that the motion was filed outside the three year time limit pursuant
to Section 99-39-5(2) (Supp. 2006) and was time barred. Myers now appeals to this Court asserting
that his trial counsel was ineffective and his right to a speedy trial was violated.
STANDARD OF REVIEW
¶3.
A trial court’s denial of post-conviction relief will not be reversed absent a finding that the
trial court’s decision was clearly erroneous. Smith v. State, 806 So. 2d 1148, 1150 (¶3) (Miss. Ct.
App. 2002). However, when issues of law are raised, the proper standard of review is de novo.
Brown v. State, 731 So. 2d 595, 598 (¶6) (Miss. 1999).
DISCUSSION
¶4.
In this appeal, Myers argues that his trial counsel was ineffective and he was denied his right
to a speedy trial. Since Myers has already argued the effectiveness of his trial counsel before this
Court in his January 27, 1999 motion, Myers has changed his argument to state that his trial counsel
was ineffective by failing to demand a speedy trial.
¶5.
As this is Myers’s second motion for post-conviction relief, we find this motion for relief
constitutes a successive writ pursuant to Section 99-39-23(6) and is barred. Regardless of the
successive writ bar, a guilty plea waives the right to a speedy trial. Jones v. State, 747 So. 2d 249,
251 (¶7) (Miss. 1999). This issue is barred and Myers “may not recast the issue under the guise of
2
ineffective assistance of counsel.” Hughes v. State, 892 So. 2d 203, 210 (¶14) (Miss. 2004). We
find no merit to Myers’s appeal.
¶6.
THE JUDGMENT OF THE JACKSON COUNTY CIRCUIT COURT DISMISSING
THE MOTION FOR POST-CONVICTION RELIEF IS AFFIRMED. ALL COSTS OF THIS
APPEAL ARE ASSESSED TO JACKSON COUNTY.
KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS
AND CARLTON, JJ., CONCUR. ISHEE, J., NOT PARTICIPATING.
3
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.
