242 So. 3d 939
Miss. Ct. App.2018Background
- Jack Patrickson was convicted by a Rankin County jury of sexual battery on January 18, 2012, and sentenced January 26, 2012 to 30 years (10 suspended), 20 years to serve, plus five years supervised probation and sex‑offender registration.
- Patrickson did not file a direct appeal following conviction and sentencing.
- Between 2014–2016 he filed several post‑conviction motions (trial transcript request, parole‑eligibility, appointment of appellate counsel, sentence reconsideration) that were denied.
- On September 29, 2016 Patrickson filed a motion seeking an out‑of‑time appeal (also requesting the transcript and appellate counsel); the trial court treated this as a PCR motion.
- The trial court denied relief based on the three‑year statute of limitations in Miss. Code Ann. § 99‑39‑5(2) and for failure to show sufficient cause for the delay. Patrickson appealed raising three issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Out‑of‑time appeal | Patrickson argued he should be allowed an out‑of‑time appeal. | State argued PCR was time‑barred under the three‑year statute and no exception applies. | Denied — PCR barred by § 99‑39‑5(2); no applicable exception or cognizable fundamental‑rights claim. |
| Ineffective assistance of counsel | Patrickson alleged counsel failed to appeal, object to evidence, investigate, tender instructions, and file post‑trial motions. | State argued ineffective‑assistance claims are procedurally barred absent a showing of a fundamental constitutional violation and must be pled with specificity and supported by affidavits. | Denied — claims were conclusory, lacked specific factual support and affidavits, so procedural bar stands. |
| Appointment of appellate counsel | Patrickson sought appointed appellate counsel as indigent. | State noted no constitutional right to counsel in post‑conviction proceedings. | Denied — no abuse of discretion; no constitutional entitlement to appointed counsel in PCR. |
Key Cases Cited
- Hughes v. State, 106 So. 3d 836 (Miss. Ct. App. 2012) (standard of review for PCR denials).
- Balle v. State, 205 So. 3d 1087 (Miss. Ct. App. 2016) (out‑of‑time appeal claims are subject to the three‑year limitation).
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (procedural bars may be overcome only by cognizable fundamental‑rights claims).
- Thomas v. State, 933 So. 2d 995 (Miss. Ct. App. 2006) (ineffective‑assistance claims may be excepted from UPCCRA procedural bars only when performance violates fundamental constitutional rights).
- White v. State, 59 So. 3d 633 (Miss. Ct. App. 2011) (procedural‑bar waiver requires some basis for truth of the ineffective‑assistance claim).
- McBride v. State, 108 So. 3d 977 (Miss. Ct. App. 2012) (ineffective‑assistance claims must be pleaded with specificity and supported by affidavits).
- Watts v. State, 981 So. 2d 1034 (Miss. Ct. App. 2008) (no state or federal constitutional right to appointed counsel in post‑conviction proceedings).