203 So. 3d 730
Miss. Ct. App.2016Background
- Casey Carter was indicted for forcible rape (habitual offender) in 2003, pled guilty on Feb. 2, 2006, and was sentenced to 49 years on Feb. 7, 2006.
- Carter filed a petition to vacate his conviction on July 1, 2015, which the circuit court treated as a postconviction-relief (PCR) petition and dismissed on Sept. 4, 2015.
- The circuit court noted this was Carter’s sixth PCR petition; prior petitions had been denied or dismissed and not appealed.
- Carter did not assert any statutory exceptions to the PCR timeliness bar, nor claim any of the recognized fundamental-rights exceptions.
- The State defended dismissal under Mississippi’s PCR time bar and the successive-writ bar.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Carter's PCR is timely under Miss. Code §99-39-5(2) | Carter sought relief in 2015; implied argument that petition should be considered | State: conviction entered 2006; petition filed 2015 — beyond 3-year limit with no statutory exception | Denied — petition is time-barred (filed nine years after judgment) |
| Whether the petition is barred as a successive writ under §99-39-23(6) | Carter did not dispute prior dismissals/denials or appeal them | State: prior PCR denial is final and bars successive petitions absent exception | Denied — successive-writ bar applies; this is the sixth petition and prior denials were final |
| Whether any exception (statutory or fundamental-rights) permits relief | Carter did not allege intervening law, newly discovered evidence, DNA issues, illegal sentence, double jeopardy, ex post facto, or due-process sentencing error | State: no allegation or proof of any exception that would overcome procedural bars | Denied — no applicable statutory or fundamental-rights exception shown |
Key Cases Cited
- Crosby v. State, 16 So. 3d 74 (Miss. Ct. App. 2009) (standard of review for PCR dismissals)
- Salter v. State, 184 So. 3d 944 (Miss. Ct. App. 2015) (identifies limited fundamental-rights exceptions that survive procedural bars)
