Dunaway v. State
111 So. 3d 117
| Miss. Ct. App. | 2013Background
- Dunaway was convicted in 2002 of vehicular homicide, sentenced as a habitual offender to 25 years and a $10,000 fine.
- Direct appeal affirmed the conviction and sentence on May 3, 2005.
- Dunaway sought leave from the Mississippi Supreme Court to pursue PCR; first application denied (2008) and second denied (2010) as procedurally barred.
- In October 2010, Dunaway filed a petition for an order to show cause or writ of habeas corpus in circuit court.
- In June 2011, the trial court denied the petition, finding all issues litigated/waived except a newly-discovered-evidence claim, which was deemed not newly discovered or outcome-changing.
- The court noted UP-CCRA governs post-conviction relief and that permission from the Supreme Court is jurisdictional before filing PCR; the circuit court lacked jurisdiction due to no prior permission.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction for PCR without Supreme Court permission | Dunaway should be allowed to proceed in circuit court. | Permission from Supreme Court is jurisdictional and necessary. | Lacked jurisdiction; PCR could not be entertained. |
| Time-bar for PCR filing | PCR timely under UP-CCRA. | Filing outside three-year window after direct appeal. | Even if jurisdiction existed, filing was time-barred. |
Key Cases Cited
- Grubb v. State, 584 So.2d 786 (Miss. 1991) (UP-CCRA governs post-conviction relief)
- Campbell v. State, 75 So.3d 1160 (Miss.Ct.App.2011) (jurisdictional requirement for PCR permission is strict)
- Caldwell v. State, 9 So.3d 432 (Miss.Ct.App.2008) (direct-appeal affirmance and need for court permission before PCR)