Garrett Birmingham v. State of Mississippi
2014 Miss. App. LEXIS 574
| Miss. Ct. App. | 2014Background
- In 1997, Birmingham, then fourteen, pleaded guilty to conspiracy as part of a plea deal, with a five-year MDOC sentence and five years suspended followed by probation.
- He was later revoked on probation after a drive-by shooting, and remained in custody to serve the remainder of the five-year term.
- Birmingham is currently incarcerated in a federal facility on a different sentence; he filed a PCR motion on January 31, 2013 seeking vacatur of his 1998 Mississippi conviction.
- The Lee County Circuit Court dismissed the PCR motion for lack of jurisdiction under Miss. Code Ann. § 99-39-5(1) (Supp. 2012); reconsideration was denied.
- On appeal, the Mississippi Court of Appeals held the circuit court lacked jurisdiction to consider the PCR motion due to lack of standing under the 2009 amendment to § 99-39-5(1).
- The court noted Birmingham’s prior sentence had expired in 2004 and he was no longer in Mississippi custody, paroled, or on probation in Mississippi.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Birmingham have standing to file a PCR motion under the 2009 amendment to § 99-39-5(1)? | Birmingham argues standing was expanded; he was a 'person sentenced by a court of record'. | Brown interpretation negates broader standing; no standing since not in custody, on parole, or probation in Mississippi. | No standing; court affirmed dismissal for lack of jurisdiction. |
| If standing existed, is the PCR motion timely under § 99-39-5(2) with exceptions? | Would be timely under exceptions for intervening decisions or DNA testing. | No applicable exception; motion untimely within three years after conviction. | Untimely; time-bar applies. |
Key Cases Cited
- Williams v. State, 110 So.3d 840 (Miss. Ct. App. 2013) (abuse of discretion standard for PCR dismissal; question of law reviewed de novo)
- Brown v. State, 90 So.3d 645 (Miss. Ct. App. 2012) (amendment to standing in § 99-39-5(1) did not broadly expand who may seek PCR)
- Wilson v. State, 76 So.3d 733 (Miss. Ct. App. 2011) (expanded standing still limited by custody/probation conditions)
- Barrett v. State, 119 So.3d 396 (Miss. Ct. App. 2013) (circuit court lack of jurisdiction vitiates appeal jurisdiction)
- Crosby v. State, 16 So.3d 74 (Miss. Ct. App. 2009) (standard for reviewing dismissal of PCR motions)