52 So. 3d 1254
Miss. Ct. App.2011Background
- Dixon pleaded guilty to murder on April 5, 2005 and was sentenced to life in MDOC.
- He filed a pro se petition for sentence reduction in Yazoo County, treated as a post-conviction relief (PCR) motion.
- The circuit court dismissed the PCR as untimely under the three-year statute of limitations in § 99-39-5(2) (Supp. 2010).
- Dixon filed the appeal about four years after conviction (April 21, 2009).
- The court noted Dixon failed to plead a statutory or constitutional exception and failed to attach supporting evidence for ineffective assistance of counsel.
- The appellate court affirmed the dismissal and taxed appellate costs to Yazoo County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Dixon's PCR barred by the statute of limitations? | Dixon argues exceptions apply or rights were violated. | State contends timely filing required; no proper exception shown. | Yes, barred by statute of limitations. |
| Did Dixon raise a fundamental constitutional-right error under Rowland to excuse the delay? | Dixon claims error affecting fundamental rights warrants relief. | State contends Rowland exception not shown due to lack of factual support. | No fundamental-right error demonstrated; exception not shown. |
| Did Dixon properly plead ineffective assistance of counsel with evidentiary support? | Dixon asserts ineffective assistance; seeks relief from counsel. | State requires factual support and affidavits; none attached. | No, not properly pleaded; unsupported by evidence; barred under § 99-39-5(1)(e). |
Key Cases Cited
- Robinson v. State, 19 So.3d 140 (Miss. Ct. App. 2009) (summary dismissal proper where no relief shown on face of motion)
- Mann v. State, 2 So.3d 743 (Miss. Ct. App. 2009) (de novo review for questions of law)
- Rowland v. State, 42 So.3d 503 (Miss. 2010) (fundamental-rights exception to procedural bars; waiver may occur)
- Johnson v. State, 923 So.2d 237 (Miss. Ct. App. 2006) (three-year limits for PCR motions)
- Myles v. State, 988 So.2d 436 (Miss. Ct. App. 2008) (waiver of rights and need for adequate factual support and record)
- Bolton v. State, 831 So.2d 1184 (Miss. Ct. App. 2002) (plea advisement and rights waivers under URCCC 8.04)