225 So. 3d 1251
Miss. Ct. App.2016Background
- David Jackson was convicted in 1997 of possession of cocaine with intent to distribute and sentenced as a habitual offender to 30 years; his conviction was affirmed on direct appeal.
- Jackson filed numerous postconviction-relief (PCR) motions over the years; courts previously dismissed many as time-barred or successive and imposed monetary sanctions for frivolous filings.
- The Mississippi Supreme Court dismissed several of Jackson’s attempts to obtain transcripts and documents, holding he was not entitled to a free copy of the record and affirming sanctions.
- On February 23, 2015, Jackson filed an independent motion in circuit court seeking records and transcripts; the circuit court denied the motion and refused discovery.
- Jackson appealed the denial of his independent motion for transcripts and records to the Court of Appeals, which raised the question of jurisdiction over such an independent action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a prisoner may bring an independent action to obtain free trial transcripts/records and appeal denial separately | Jackson sought an independent order for transcripts/records and appealed when denied | State argued prisoners cannot institute an independent original action for free transcripts; requests must be within a proper PCR motion | Court dismissed appeal for lack of jurisdiction: independent motions for transcripts/records are not an available route; such requests belong within a PCR proceeding |
Key Cases Cited
- Fleming v. State, 553 So. 2d 505 (Miss. 1989) (prisoner not entitled to institute an independent action for free transcript; discovery is available only within a proper PCR proceeding)
- Wooten v. State, 127 So. 3d 322 (Miss. Ct. App. 2013) (dismissal for lack of jurisdiction where prisoner filed independent request for transcripts unrelated to a PCR or direct appeal)
- Haynes v. State, 174 So. 3d 953 (Miss. Ct. App. 2015) (reinforcing that independent motions for transcripts/records are improper and appeal must be dismissed)
- Jackson v. State, 778 So. 2d 786 (Miss. Ct. App. 2001) (affirming Jackson’s underlying conviction)