Graham v. State
85 So. 3d 847
Miss.2012Background
- Graham pleaded guilty to simple possession of 11.59 grams of cocaine on March 28, 2006 and was sentenced to 16 years with suspended terms for house arrest, post-release supervision, and community service.
- MDOC reclassified Graham to inmate status after a house-arrest violation and required him to serve the full 16-year sentence.
- Graham filed a motion for post-conviction relief (PCR) on July 27, 2007; circuit court dismissed for lack of subject-matter jurisdiction based on his removal from house arrest.
- Court of Appeals initially held the circuit court had jurisdiction and remanded for potential revocation of the suspended sentence; later modified its opinion on the sentence issue.
- Mississippi Supreme Court granted review to determine proper jurisdiction and proceedings for Graham’s PCR given his guilty plea.
- The central issue is whether the circuit court or the Supreme Court is the proper forum to review Graham’s post-conviction claims following a guilty plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction for post-conviction relief after guilty plea | Graham seeks PCR in circuit court; proper under MUPCRA | Jurisdiction is limited per statute and case law | Circuit court has exclusive, original jurisdiction; Court of Appeals lacked merits jurisdiction |
| Proper forum after guilty plea under §99-39-7 and §99-35-101 | PCR must be pursued in circuit court; direct appeal not available | Appeals restrictions apply when guilty plea is entered | PCR must originate in circuit court; the Supreme Court process not applicable here |
| Court of Appeals’ merits review after jurisdiction ruling | Court of Appeals can address merits after finding jurisdiction | Merits review improper before circuit court resolves jurisdiction | Court of Appeals lacked jurisdiction to decide merits; case remanded to circuit court |
Key Cases Cited
- Martin v. State, 556 So.2d 357 (Miss. 1990) (exclusive, original jurisdiction in circuit court for post-conviction relief after guilty plea)
- McDonall v. State, 465 So.2d 1077 (Miss. 1985) (trial court controls post-conviction relief after guilty plea)
- Babbitt v. State, 755 So.2d 406 (Miss. 2000) (exhaustion rule; procedural posture of PCR petitions)
- Graham v. State, 85 So.3d 860 (Miss. Ct.App. 2011) (Court of Appeals addressing Graham’s case; related to jurisdiction/merits remand)
- Jackson v. State, 67 So.3d 725 (Miss. 2011) (post-conviction review context; guilty plea considerations)
- Collins v. State, 975 So.2d 219 (Miss. 2008) (statutory framework for post-conviction review)