Jones v. State
119 So. 3d 323
| Miss. | 2013Background
- Jones pleaded guilty in June 2004 to two counts of sexual battery and was sentenced to two consecutive twenty-year terms.
- Jones's direct appeal was dismissed for nonpayment of appeal costs; mandate issued October 26, 2004.
- Jones filed a post-conviction relief (PCR) petition in December 2004; denied January 2005; affirmed by the Court of Appeals.
- A second PCR was filed April 2011; dismissed as time-barred and barred as a successive writ; trial court lacked jurisdiction per the Court of Appeals.
- The Mississippi Supreme Court held that the trial court did have jurisdiction, but the PCR was time-barred and barred by res judicata; issues reviewed for legal standards.
- Standard of review: the Court defers to trial court findings on fact; issues of law reviewed de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must Jones obtain leave before filing PCR? | Jones argued § 99-39-7 required leave to file in trial court. | Jones was limited to appealing only his sentence; PCR could be filed directly. | Trial court had jurisdiction; leave not required. |
| Is Jones's sentence illegal for timing purposes? | Jones contends an illegal sentence tolls the time bar. | Sentence within statutory guidelines; no illegal sentence shown. | Sentence not illegal; time bar applies. |
| Was Jones mentally competent to plead guilty? | Competency concerns warrant evaluation prior to plea. | Competency not raised at plea or in first PCR; record lacks new competency evidence. | Second PCR appropriately dismissed for lack of new competency evidence. |
| Do time-bar exceptions apply to the PCR here? | Errors affecting fundamental rights toll time bar. | No applicable exception shown; no illegal sentence. | Exceptions do not save the PCR; time bar remains. |
Key Cases Cited
- Rowland v. State, 42 So.3d 503 (Miss. 2010) (illegality of sentence excises procedural bars)
- Ivy v. State, 731 So.2d 601 (Miss. 1999) (illegal sentence tolls time bar)
- Jackson v. State, 67 So.3d 725 (Miss. 2011) (standard of review for PCR; de novo to law)
- Trotter v. State, 554 So.2d 313 (Miss. 1989) (appeal rights of guilty-plea defendants; direct appeal available)