270 So. 3d 1046
Miss. Ct. App.2018Background
- In March 2011, a Rankin County jury convicted Chris Skinner of disorderly conduct and felony evasion; he was sentenced as a habitual offender to six months (county jail) and life without parole (MDOC) respectively.
- The State had amended the indictment under Mississippi Code §99-19-83, listing multiple prior felony convictions (including 1994 Florida convictions) and showing Skinner had served one-year-plus terms for each.
- Defense argued at sentencing that several of the prior convictions were committed when Skinner was 15 and urged consideration of mitigating factors (age at prior offenses, bipolar disorder, ADHD, not taking medication). A psychologist testified Skinner had bipolar disorder and ADHD but was competent to stand trial.
- On direct appeal this Court affirmed the conviction and life sentence under the habitual-offender statute, finding no Eighth Amendment disproportionality.
- Skinner obtained leave from the Mississippi Supreme Court to file a postconviction relief (PCR) motion in circuit court, arguing the court should have considered his juvenile status at the time of certain prior convictions when enhancing his sentence.
- The circuit court summarily dismissed the PCR motion before the State answered, holding Miller v. Alabama did not apply and that juvenile-status arguments could not bar use of prior convictions for habitual-offender enhancement.
Issues
| Issue | Skinner's Argument | State's Argument | Held |
|---|---|---|---|
| Whether circuit court could summarily dismiss PCR after supreme court granted leave to proceed | Granting leave creates entitlement to further proceedings; court should not dismiss under §99-39-11 | Circuit court did conduct proper further proceedings and dismissal proper under res judicata/statute | Reversed: court erred by dismissing without following §99-39-19 procedures after supreme court granted leave |
| Whether Miller v. Alabama requires consideration of juvenile status of prior convictions used for enhancement | Prior convictions committed when petitioner was 15 should be considered as mitigating before enhancing sentence | Miller applies to mandatory life for crimes committed as juvenile; does not bar using prior juvenile convictions for enhancement | Not reached on merits—court declined to address remaining issues because procedural error required remand |
| Whether res judicata barred PCR claim | Implicit: earlier affirmance does not bar new PCR where supreme court granted leave | Circuit court: claim barred by res judicata under §99-39-21 | Court found circuit court improperly relied on res judicata without following required process and remanded |
| Proper post-leave PCR procedure | Supreme court leave constitutes prima facie finding; circuit court must request State response and evaluate under §99-39-19 to decide if evidentiary hearing required | Circuit court treated motion as dismissible under §99-39-11 instead | Court held Porter/Pittman controls: must request State response and follow §99-39-19 before summary dismissal |
Key Cases Cited
- Mitchell v. State, 809 So.2d 672 (Miss. 2002) (once supreme court allows motion to proceed in circuit court subsequent actions must be pursuant to §§99-39-13 through 99-39-23)
- Porter v. State, 963 So.2d 1225 (Miss. Ct. App. 2007) (supreme court grant of leave is prima facie finding; circuit court must apply §99-39-19 and cannot summarily dismiss under §99-39-11)
- Pittman v. State, 20 So.3d 51 (Miss. Ct. App. 2009) (after leave granted circuit court must request State response and examine record to determine need for evidentiary hearing)
- Skinner v. State, 120 So.3d 419 (Miss. Ct. App. 2013) (direct-appeal opinion affirming conviction and habitual-offender sentence)
- Cummings v. State, 58 So.3d 715 (Miss. Ct. App. 2011) (habitual-offender sentences do not per se constitute cruel and unusual punishment)
- Miller v. Alabama, 132 S.Ct. 2455 (2012) (mandatory life without parole for crimes committed while under eighteen is unconstitutional)