233 So. 3d 904
Miss. Ct. App.2017Background
- Defendant Bobby Campbell pleaded guilty to aggravated assault on April 21, 2011, and received a 12-year sentence (4 suspended, 8 to serve) plus 4 years post-release supervision.
- On June 28, 2016, Campbell filed a pro se motion for post-conviction relief (PCR) alleging: a defective indictment, improper amendment of the indictment, misleading sentencing expectations from counsel, and being sentenced for prior convictions on the same day.
- The Jones County Circuit Court denied the PCR motion on July 19, 2016, as barred by the three-year statute of limitations under the Uniform Post-Conviction Collateral Relief Act (UPCCRA).
- Campbell appealed the denial to the Mississippi Court of Appeals, renewing the same claims and arguing exceptions to the time-bar.
- The appellate court reviewed the denial for abuse of discretion and evaluated whether any statutory or fundamental-rights exception to the three-year time-bar applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Campbell's PCR is timely | Campbell argued merits of defective/amended indictment, misleading plea counsel, and sentencing errors and sought relief despite delay | State argued the PCR was filed beyond the UPCCRA three-year limit and no exception applies | PCR is time-barred; Campbell failed to meet any statutory exception, so claims not reached on merits |
| Whether any statutory exception applies | Campbell implied exceptions (illegal sentence, fundamental error) justify tolling | State maintained none of the six statutory exceptions or fundamental-rights exceptions applied | No statutory or fundamental-rights exception shown; time-bar stands |
Key Cases Cited
- Crosby v. State, 16 So. 3d 74 (Miss. Ct. App. 2009) (standard of review for PCR denial)
- White v. State, 59 So. 3d 633 (Miss. Ct. App. 2011) (burden on movant to show a statutory exception to PCR time-bar)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (errors affecting fundamental rights may be excepted from time-bar)
- Adams v. State, 954 So. 2d 1051 (Miss. Ct. App. 2007) (movant bears burden to establish timeliness exception)
- Chandler v. State, 44 So. 3d 442 (Miss. Ct. App. 2010) (mere assertions of constitutional violations do not overcome procedural bar)