148 So. 3d 686
Miss. Ct. App.2014Background
- Randall pleaded guilty to capital murder in 2002, receiving life without parole.
- The predicate for capital murder was robbery; the indictment identified the underlying felony as robbery under §97-3-73.
- Randall previously challenged his sentence in 2005 and 2008 PCR appeals.
- He filed a second PCR in 2012 alleging a defective indictment and illegal sentence.
- The circuit court denied the 2012 PCR; this Court affirms, holding procedural bars and sufficient indictment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Time-bar on indictment challenge | Randall argues timely challenge via PCR. | State argues three-year bar from judgment governs. | Time-bar defeats claim. |
| Successive-writ bar | Second PCR barred by prior dismissal. | State asserts finality requires dismissal. | Successive-writ barred. |
| Defectiveness of indictment | Indictment not sufficiently identifying underlying robbery. | Indictment adequate by listing robbery and section. | Indictment sufficiently pled; no defect. |
Key Cases Cited
- Batiste v. State, 121 So. 3d 836 (Miss. 2013) (underlying felony must be identified for capital-murder indictments; sufficient if named and cited statute)
- Goff v. State, 14 So. 3d 625 (Miss. 2009) (underlying felony identification requirement in capital murder)
- Stevens v. State, 808 So. 2d 908 (Miss. 2002) (notice suffices when indictment tracks statutory language)
- Randall v. State, 987 So. 2d 453 (Miss. Ct. App. 2008) (sentence legality previously decided; procedural bar)
- Williams v. State, 110 So. 3d 840 (Miss. Ct. App. 2013) (abuse-of-discretion standard in PCR dismissals)