Barrett v. State
119 So. 3d 396
| Miss. Ct. App. | 2013Background
- Barrett and Adams were convicted of murder in Lauderdale County and appealed; convictions affirmed in 2002.
- Barrett filed three prior post-conviction relief requests with the Mississippi Supreme Court, which were denied; a later order imposed a $100 sanction for frivolous filings.
- In February 2012, Barrett filed a petition for writ of habeas corpus in circuit court asserting the indictment was defective and denied his conviction.
- Circuit court treated the petition as post-conviction relief (PCR) and denied on the merits, finding the indictment contained all elements.
- Barrett argued the circuit court lacked jurisdiction due to the defective indictment and that the petition did not fit a PCR framework; the issue focused on UPCCRA and jurisdiction.
- The court vacated the circuit court’s judgment and dismissed the appeal for lack of jurisdiction because Barrett did not obtain Supreme Court permission to file a PCR motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court had jurisdiction to address Barrett's petition | Barrett; Barrett argues lack of jurisdiction due to defective indictment. | Barrett; UPCCRA converts petition to PCR and circuit can hear it. | No jurisdiction; permission from Supreme Court required and not granted. |
| Whether the circuit court properly treated the petition as a PCR motion under UPCCRA | Barrett; petition should not be PCR because it raises indictment defect only. | Barrett; pleading cognizable under UPCCRA must be treated as PCR. | Properly treated as PCR under UPCCRA |
Key Cases Cited
- Edmond v. Miss. Dept. of Corr., 783 So.2d 675 (Miss. 2001) (UPCCRA replaces common-law writs for post-conviction relief)
- Knox v. State, 75 So.3d 1030 (Miss. 2011) (Pleadings cognizable under UPCCRA treated as PCR motions)
- Wardley v. State, 37 So.3d 1222 (Miss.Ct.App. 2010) (permission from Supreme Court required for PCR after appeal)
- Cortez v. State, 9 So.3d 445 (Miss.Ct.App. 2009) (jurisdictional nature of Supreme Court permission for PCR)
- Doss v. State, 757 So.2d 1016 (Miss.Ct.App. 2000) (jurisdictional requirement for PCR proceedings)
- Wheeler v. State, 903 So.2d 756 (Miss.Ct.App. 2005) (cites when circuit lacks jurisdiction, appellate lack follows)