CABELLO v. STATE

No. DP-46. (Formerly No. 55581.)

524 So.2d 313 (1988)

Frank CABELLO, Sr. v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied April 27, 1988.


Attorney(s) appearing for the Case

Dana M. Stein, Miriam J. Goldstein, Ellen R. Hornstein, John Lansdale, Jr., Squire, Sanders & Dempsey, Washington, D.C., Clive A. Stafford Smith, Atlanta, Ga., for appellant.

Edwin Lloyd Pittman and Mike Moore, Attys. Gen. by Marvin L. White, Jr., Asst. Atty. Gen., and Felicia C. Adams, Sp. Asst. Atty. Gen., Jackson, for appellee.

En Banc.


GRIFFIN, Justice, for the Court:

This case, involving a motion for leave to file a petition for post-conviction relief pursuant to Miss. Code Ann. §§ 99-39-1 to -29 (Supp. 1987), comes to the Court following its affirmance of Frank Cabello, Sr.'s conviction and sentence. We deny the motion.

On December 23, 1982, police found Vernon Gurley, a seventy-two year old automobile dealer, lying on his office floor, tied by the hands and feet, with tape ...

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