Jess Green v. State of Mississippi
242 So. 3d 176
| Miss. Ct. App. | 2017Background
- Jess Green pleaded guilty in August 2008 to multiple felonies (kidnapping, sexual battery, armed robbery, attempted sexual battery) and received concurrent thirty-year sentences across two cause numbers.
- Green filed a single postconviction relief (PCR) motion on July 27, 2015, challenging both convictions and raising multiple claims (PSI accuracy, DNA reliability, involuntary plea, ineffective assistance, constitutional violations, recusal, default, appointment of counsel, etc.).
- The trial court denied most claims as time-barred under the three-year UPCCRA statute of limitations, sought and received a response from the State about alleged trace evidence, then dismissed Green’s remaining claims with prejudice.
- On appeal, the Court of Appeals considered whether Green’s PCR motion was time-barred, whether any statutory or fundamental-right exceptions applied, and whether the trial court abused its discretion on procedural motions (default, recusal, counsel).
- The court concluded Green’s PCR was largely time-barred and, where addressed on the merits, his claims failed; it affirmed the trial court’s dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Accuracy of Presentence Investigation (PSI) | PSI contained inaccuracies and should have been corrected | Use of PSI is discretionary; defendant had no right to a PSI | Time-bar applies; no mandatory right to PSI (claim barred) |
| DNA reliability/testing | DNA results unreliable; requested additional testing could exonerate or reduce sentence | No showing that untested evidence exists or that new testing would yield more probative results | Time-bar not overcome; no basis for additional testing |
| Involuntary guilty plea | Plea was not knowing/voluntary | Plea colloquy shows waiver of rights and knowing, intelligent plea | Claim time-barred and meritless; plea was voluntary |
| Multiple additional constitutional claims (speedy trial, self-incrimination, search & seizure, incompetence, ineffective assistance, actual innocence, etc.) | Various constitutional violations alleged | Many claims are bare assertions, waived by guilty plea, or lack record support | Majority forfeited/time-barred or without merit; incompetence not shown in record |
| Motion for default judgment | State missed response deadline; clerk should enter default and grant judgment | State did respond within the period ordered by the court; no entry of default by clerk | Trial court did not abuse discretion denying default judgment |
| Motion for recusal | Judge biased for having presided over guilty-plea hearing previously | Presiding over both plea and PCR alone does not create bias; judge presumed impartial | Denial proper; no reasonable doubt about impartiality |
| Appointment of PCR counsel | Needed appointed counsel for PCR proceedings | No constitutional right to appointed counsel in postconviction proceedings | Denial within trial court’s discretion; claim without merit |
Key Cases Cited
- Hughes v. State, 106 So. 3d 836 (Miss. Ct. App.) (standard of review for PCR denials)
- Bell v. State, 2 So. 3d 747 (Miss. Ct. App.) (separate PCR motions by cause number rule)
- Rigdon v. State, 126 So. 3d 931 (Miss. Ct. App.) (multiple convictions in same plea hearing still require separate PCR motions)
- Roberson v. State, 595 So. 2d 1310 (Miss.) (no right to a presentence investigation report)
- Rowland v. State, 42 So. 3d 503 (Miss.) (fundamental-right exceptions to procedural bars)
- Smith v. State, 196 So. 3d 986 (Miss. Ct. App.) (involuntariness of guilty plea claim is subject to time-bar)
- Watts v. State, 981 So. 2d 1034 (Miss. Ct. App.) (no constitutional right to appointed counsel in PCR)