225 So. 3d 1207
Miss.2017Background
- David Jackson, convicted at trial of possession of cocaine with intent to distribute and sentenced as a habitual offender to 30 years, appealed his conviction and sentence on the merits previously.
- On February 23, 2015 Jackson (pro se) filed a motion in Madison County Circuit Court requesting free copies of records and trial transcripts.
- The trial court denied the motion on the ground Jackson was not entitled to discovery.
- Jackson timely appealed; the Mississippi Court of Appeals dismissed that appeal for lack of jurisdiction, relying on Fleming v. State (a case involving a guilty plea).
- The Mississippi Supreme Court granted certiorari to review whether the Court of Appeals’ dismissal was correct and whether the trial court had jurisdiction to adjudicate Jackson’s motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to entertain Jackson’s standalone motion for free records and transcripts | Jackson sought transcripts from the trial court without having first obtained leave to file a post-conviction motion in the Supreme Court | State argued the trial court correctly denied the motion (and that Fleming limits independent actions for transcripts when §99-39-7 leave is required) | The Supreme Court held the trial court lacked jurisdiction to decide the motion because Jackson had previously appealed and must first obtain leave under §99-39-7; therefore the trial court should have dismissed for lack of jurisdiction. The ultimate result (no entitlement to free transcripts) was affirmed, but the disposition was corrected to dismissal for lack of jurisdiction. |
Key Cases Cited
- Fleming v. State, 553 So. 2d 505 (Miss. 1989) (holds a defendant who pled guilty may not bring an independent original action for free transcripts and that transcript requests tied to post-conviction relief must be pursued under the Uniform Post-Conviction Collateral Relief Act)
- Jackson v. State, 778 So. 2d 786 (Miss. Ct. App. 2001) (direct appeal affirming Jackson’s conviction and sentence)