Frederick Emanuel Scurlock v. State of Mississippi
147 So. 3d 894
| Miss. Ct. App. | 2014Background
- Scurlock, convicted in 2000 for statutory rape as a habitual offender, sentenced to eight years' incarceration and 22 years' post-release supervision; he pleaded guilty with a knowing and voluntary waiver of appeal rights; in 2013 he moved for post-conviction relief (PCR); the PCR motion argued lack of testimony from a witness certifying prior-conviction documents, improper habitual-offender enhancement, and lack of evidence of the victim's age; the circuit court denied the PCR as time-barred and without merit; the Court of Appeals affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the PCR time-bar properly applied? | Scurlock asserts Bullcoming created a permissible exception. | State contends no exception applies; records are non-testimonial. | Time-bar valid; no applicable exception. |
| Did the State have to present witness testimony certifying prior-conviction documents? | Bullcoming requires witness testimony for certified records. | Documents are preexisting and non-testimonial. | No testimonial requirement; records not subject to confrontation clause. |
| Was the habitual-offender enhancement properly imposed? | Enhancement error or misapplication. | Plea and record support habitual-offender status. | affirmed; no reversible error. |
| Was there adequate proof of the victim’s age? | Age evidence was insufficient or improperly proved. | Plea and record negate need for age corroboration. | Age evidence not required to sustain conviction given plea. |
Key Cases Cited
- Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011) (holding analyst’s report can be testimonial; but not controlling here for PCR time-bar)
- Grim v. State, 102 So. 3d 1073 (Miss. 2012) (testimony/records; documentary evidence not necessarily testimonial)
- Frazier v. State, 907 So. 2d 985 (Miss. Ct. App. 2005) (self-authenticated records of prior convictions not testimonial)
- Joiner v. State, 61 So. 3d 156 (Miss. 2011) (guilty-plea waiver of certain rights bars raised issues)
- Jefferson v. State, 556 So. 2d 1016 (Miss. 1989) (guilty plea waives nonjurisdictional defects)
- McLaurin v. State, 114 So. 3d 811 (Miss. Ct. App. 2013) (clarifies standards for PCR review)
- Foster v. Durr, 123 So. 3d 940 (Miss. Ct. App. 2013) (deals with procedural posture in PCR)