204 So. 3d 346
Miss. Ct. App.2016Background
- In 2002 Sammie Lee Johnson pleaded guilty to capital murder and received life without parole.
- Johnson filed four earlier post-conviction relief (PCR) motions; all were denied. He appealed denials of his third and fourth PCRs and those appeals were affirmed.
- Johnson filed a fifth PCR motion repeating claims raised in prior motions, including ineffective assistance of counsel and that his plea was not knowing and voluntary; he also asserted newly discovered evidence (an affidavit from a codefendant).
- The circuit court dismissed the fifth motion as successive and time-barred; Johnson appealed that dismissal.
- The Court of Appeals affirmed, holding the motion was successive, time-barred, barred by res judicata, and without merit on the merits of the raised claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Successive-writ bar | Johnson argued his claims were not procedurally barred and met exceptions (new evidence/fundamental right) | State argued the fifth PCR is successive and Johnson failed to meet statutory exceptions | Court: petition is successive; Johnson failed to prove any exception, so barred |
| Newly discovered evidence exception | Johnson relied on affidavit of codefendant as newly discovered evidence | State argued affidavit was not newly discovered and previously litigated | Court: affidavit not newly discovered and issue precluded by res judicata; exception fails |
| Statute of limitations (time-bar) | Johnson contended timeliness or exceptions apply | State asserted motion filed after three-year UPCCRA limitation and no valid exception | Court: motion time-barred; no applicable exception met |
| Ineffective assistance / voluntary plea / due process | Johnson alleged counsel misinformation, threats, defective indictment, and involuntary plea | State showed plea colloquy, signed petition acknowledging rights and sentence, and that claims were previously adjudicated | Court: claims precluded by res judicata/successive writ and fail Strickland; plea was knowing and sentence lawful |
Key Cases Cited
- Johnson v. State, 39 So.3d 963 (Miss. Ct. App. 2010) (affirming denial of prior PCR; issues precluded)
- Johnson v. State, 962 So.2d 87 (Miss. Ct. App. 2007) (earlier appeal affirming PCR denial)
- EMC Mortg. Corp. v. Carmichael, 17 So.3d 1087 (Miss. 2009) (elements for res judicata)
- Rowland v. State, 42 So.3d 503 (Miss. 2010) (errors affecting fundamental rights may overcome procedural bars)
- Chancy v. State, 938 So.2d 251 (Miss. 2006) (newly discovered evidence exception can apply to guilty pleas but conditions apply)
- White v. State, 59 So.3d 633 (Miss. Ct. App. 2011) (movant bears burden to show statutory exception to successive writ)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective assistance standard)
- Pham v. State, 716 So.2d 1100 (Miss. 1998) (jury not required on sentencing where death not sought)
- Leatherwood v. State, 473 So.2d 964 (Miss. 1985) (application of Strickland standard in Mississippi)
- Williams v. State, 708 So.2d 1358 (Miss. 1998) (failure to cite authority may be procedural bar)