History
  • No items yet
midpage
203 So. 3d 730
Miss. Ct. App.
2016
Read the full case

Background

  • 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)
Read the full case

Case Details

Case Name: Casey Carter v. State of Mississippi
Court Name: Court of Appeals of Mississippi
Date Published: Nov 8, 2016
Citations: 203 So. 3d 730; 2016 Miss. App. LEXIS 723; NO. 2015-CP-01410-COA
Docket Number: NO. 2015-CP-01410-COA
Court Abbreviation: Miss. Ct. App.
Log In
    Casey Carter v. State of Mississippi, 203 So. 3d 730