Opinion
Def. ID #9411016028 (R-2)
May 13, 2002
Motion for Post Conviction Relief.
Dear Mr. Bland:
The Court is in receipt of your second Motion for Post Conviction Relief. In your present motion, filed May 6, 2002, and amended by a letter received on May 10, 2002, you basically raise the same issues which the Court ruled upon on June 6, 1996; when it denied your first Motion for Post Conviction Relief. Your present motion must be dismissed as it is procedurally barred under Rule 61.
On May 3, 1995, you entered into a Rule 11(e)(1)(c) guilty plea. The Court accepted that plea. Within a year you attacked that conviction under your first Motion for Post Conviction Relief, which was denied on June 6, 1996.
Your present application is denied under Rule 61(i)(1), in that it comes seven years after your conviction was entered. Rule 61(i)(1) requires that you file post conviction applications within three years after the judgment of conviction became final. Rule 61(i)(1) moots the consideration of Rule 61(i)(2), a repetitive motion; and Rule 61(i)(4), dealing with former adjudication.
Defendant's Motion for Post Conviction Relief is denied, as it procedurally barred.
SO ORDERED.