Brown v. State
2012 Miss. App. LEXIS 353
| Miss. Ct. App. | 2012Background
- Brown pled guilty in 1986 to burglary, larceny, and second-degree arson; MDOC sentences seven years each, run concurrently; released from MDOC; later federal conviction with ACC enhancement resulting in an 188-month federal sentence.
- May 17, 2010 Brown filed a Mississippi PCR motion long after sentencing; circuit court denied as time-barred and not in custody; Mississippi Court of Appeals affirmed in Brown v. State, 71 So.3d 1267 (¶8) (Miss.Ct.App.2011).
- Brown appeals, arguing involuntary plea and ineffective assistance; contends reversal would reduce federal sentence by removing ACC enhancement.
- Statutory framework: MS UPCCRA §99-39-5 imposes a three-year statute of limitations with narrow exceptions; §99-39-23(6) bars issues already adjudicated in final judgments; Brown’s motion was time-barred and successive.
- Pre-2009 rule limited relief to prisoners in custody under MS court sentence; 2009 amendment expanded standing, but Brown was released from MDOC; Parker v. State discussed; majority declines expansion; concurrence disputes standing reasoning.
- Court affirms denial of PCR; holdings rely on time-bar and lack of standing under current statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PCR motion was time-barred under §99-39-5 | Brown | State | Time-barred |
| Whether Brown had standing to file under amended §99-39-5(1) | Brown should have standing under 2009 amendment | Brown lacks current custody for standing | No standing under current facts |
| Whether Parker/Putnam/Unruh exceptions apply to permit PCR | Exceptions allow broader standing | Exceptions do not extend to Brown | Exception not applicable under majority view |
Key Cases Cited
- Brown v. State, 71 So.3d 1267 (Miss.Ct.App.2011) (time-barred PCR affirmed)
- Parker v. State, 47 So.3d 732 (Miss.Ct.App.2010) (similar custody/federal-incarceration context)
- Putnam v. Epps, 963 So.2d 1232 (Miss.Ct.App.2007) (limited exception for non-MDOC custody when otherwise under Mississippi hold)
- Unruh v. Puckett, 716 So.2d 636 (Miss.1998) (holding on custody exception under pre-amendment framework)
- Willis v. State, 856 So.2d 555 (Miss.Ct.App.2003) (pre-amendment custody concept cited)