Craytonia Latroy Badger v. State of Mississippi
226 So. 3d 588
| Miss. Ct. App. | 2017Background
- In November 2009 Badger was convicted by a jury for burglary of a business and initially sentenced as a habitual offender to life without parole.
- This Court remanded; after a rehearing the circuit court vacated the habitual-offender sentence and resentenced Badger to seven years on September 16, 2010.
- Badger was released from custody in July 2014.
- On October 31, 2016, Badger filed a motion for postconviction relief (PCR) alleging (1) the State withheld exculpatory evidence and (2) ineffective assistance of counsel; he also sought jurors’ personal information.
- The Copiah County Circuit Court dismissed the PCR as time‑barred under the Uniform Post‑Conviction Collateral Relief Act (UPCCRA); Badger appealed.
- The Court of Appeals affirmed the dismissal, holding Badger failed to show any statutory exception or sufficient basis to overcome the procedural time bar.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Badger's PCR was time‑barred under UPCCRA § 99‑39‑5(2) | Badger contends his claims (Brady and ineffective assistance) justify relief despite delay | State argues PCR was filed more than three years after resentencing and no exception applies | Court: PCR is time‑barred; Badger did not meet burden to invoke an exception |
| Whether the State withheld exculpatory evidence (Brady) | Badger asserts the State suppressed evidence that would have shown his innocence | State maintains no entitlement to an exception absent proof of newly discovered evidence or constitutional error sufficient to overcome the time bar | Court: Mere assertion is insufficient; no factual showing to overcome procedural bar |
| Whether jurors' personal information should have been disclosed | Badger sought jurors’ personal info (postconviction) | State opposes disclosure; procedurally barred claim | Court: Request denied as part of dismissed PCR; no basis to overturn dismissal |
Key Cases Cited
- Thinnes v. State, 196 So. 3d 204 (review standard for PCR dismissal)
- Carson v. State, 161 So. 3d 153 (review standard for PCR dismissal)
- White v. State, 59 So. 3d 633 (movant bears burden to show exception to UPCCRA time bar)
- Adams v. State, 954 So. 2d 1051 (movant must demonstrate statutory exception)
- Rowland v. State, 42 So. 3d 503 (fundamental constitutional errors may be excepted from time bar, but require basis)
- Chandler v. State, 44 So. 3d 442 (mere assertions of constitutional violations do not overcome procedural bar)