Johnny Lewis Washington v. State of Mississippi
237 So. 3d 775
Miss. Ct. App. Hist.2017Background
- Johnny L. Washington was convicted of capital murder by a Lowndes County jury on May 25, 1977, and sentenced to death; the Mississippi Supreme Court affirmed on direct appeal.
- Washington obtained federal habeas relief: the Fifth Circuit found the sentencing process unconstitutional for precluding consideration of nonstatutory mitigation and remanded for appropriate relief.
- The federal district court directed the state circuit court to resentence Washington; on February 25, 1983, Washington waived a jury sentencing proceeding and was resentenced to life imprisonment by the circuit judge.
- On the same day in 1983 Washington was indicted for (and later pled guilty to) armed robbery and aggravated assault; the circuit court ordered the life sentence to run consecutively to those state sentences.
- On July 21, 2015 Washington filed a postconviction relief (PCR) motion in circuit court challenging the 1983 resentencing; the circuit court denied the motion on December 21, 2015.
- The Court of Appeals affirmed the denial, but on the ground that Washington failed to obtain the required leave from the Mississippi Supreme Court under Miss. Code Ann. § 99-39-7 before filing a PCR motion following a case that had been appealed and affirmed on direct review, depriving the circuit court of jurisdiction.
Issues
| Issue | Plaintiff's Argument (Washington) | Defendant's Argument (State) | Held |
|---|---|---|---|
| 1. Whether the sentencing court lacked authority under Miss. Code Ann. § 99-19-101 to resentence Washington | § 99-19-101 did not authorize the resentencing procedure used; court lacked authority | Resentencing followed federal mandate and applicable state law permitting judge to empanel a new jury or proceed | Not reached on merits — dismissal affirmed for lack of jurisdiction because Washington failed to obtain supreme court leave under § 99-39-7 |
| 2. Whether the sentencing court exceeded the district court’s order | Resentencing exceeded the scope of the federal district court’s mandate | State: resentencing comported with the mandate and state sentencing procedure | Not reached on merits — case dismissed/affirmed for procedural jurisdictional defect |
| 3. Whether Washington knowingly, intelligently, and voluntarily waived a jury for sentencing | Waiver was not knowing/voluntary; sentencing unconstitutional | Record shows counsel moved to permit waiver and trial court accepted it | Not reached on merits — procedural bar applied; court affirmed due to lack of leave to file PCR |
| 4. Whether alleged errors are cumulative/plain error | Errors cumulatively undermine sentence; plain error review required | Any errors are procedurally barred or meritless; jurisdictional bar controls | Not reached on merits — affirmance based on failure to obtain leave under § 99-39-7 |
Key Cases Cited
- Washington v. State, 361 So. 2d 61 (Miss. 1978) (direct appeal affirming conviction and death sentence)
- Washington v. Watkins, 655 F.2d 1346 (5th Cir. 1981) (Fifth Circuit granted habeas relief based on Lockett error and remanded for relief)
- Washington v. State, 154 So. 3d 34 (Miss. Ct. App. 2012) (appeals court opinion noting resentencing and subsequent indictments/pleas)
- Jackson v. State, 67 So. 3d 725 (Miss. 2011) (explaining requirement to obtain leave from Mississippi Supreme Court before filing PCR after direct appeal)
- Rice v. State, 189 So. 3d 722 (Miss. Ct. App. 2016) (jurisdictional consequences when petitioner fails to obtain supreme court leave under § 99-39-7)