Bradford v. State
116 So. 3d 164
| Miss. Ct. App. | 2012Background
- Bradford was convicted of murder and sentenced to life in MDOC after a jury trial; direct appeal affirmed the conviction.
- Bradford sought permission to proceed in circuit court via applications to the Mississippi Supreme Court, which denied relief on February 22, 2007 and March 3, 2011 as procedurally barred.
- Bradford filed a circuit court PCR motion on December 5, 2011, which the circuit court dismissed as time-barred and barred as a successive writ.
- The circuit court also imposed a $250 sanction and prohibited further PCR filings until paid or until the supreme court granted permission.
- Bradford then filed a Rule 60(b)(4) relief motion in 2012, which the circuit court denied; he appeals arguing conviction should be vacated and resentencing should occur.
- The critical issue is whether the circuit court had jurisdiction to hear a PCR motion when the supreme court had not granted permission to proceed there.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to hear PCR without Supreme Court permission | Bradford asserts circuit court lacked jurisdiction without permission. | State argues dismissal on time-bar would be proper if jurisdiction existed. | Circuit court lacked jurisdiction; appellate review affirming on jurisdiction grounds. |
| Effect of Supreme Court denial on ability to file PCR | Bradford claims denial did not bar review in circuit court. | State contends denial bars successive PCR under statute. | Final denial by supreme court bars subsequent circuit court PCR absent permission. |
| Authority of appellate court when circuit court lacks jurisdiction | Bradford seeks merits review despite lack of jurisdiction. | State argues appellate review allowed to address circuit court judgment on other grounds. | Appellate court may affirm on different grounds (lack of jurisdiction). |
Key Cases Cited
- Bradford v. State, 910 So.2d 1232 (Miss. Ct. App. 2005) (verdict affirmed on direct appeal)
- Campbell v. State, 75 So.3d 1160 (Miss. Ct. App. 2011) (affirmation that permission required; jurisdictional pathway)
- White v. State, 59 So.3d 633 (Miss. Ct. App. 2011) (standard of review for findings of fact in PCR dismissals)
- Williams v. State, 872 So.2d 711 (Miss. Ct. App. 2004) (de novo review for questions of law)