281 So.3d 935
Miss. Ct. App.2019Background
- Porter was indicted in Nov. 2015 (armed robbery) and July 2016 (drive-by shooting; unlawful possession by a felon); he pled guilty in March 2017 to armed robbery and unlawful possession and received concurrent sentences.
- Porter filed multiple post-conviction collateral relief (PCR) motions; the Feb. 7, 2018 order dismissed his third PCR motion as successive under the UPCCRA.
- Porter argued his ineffective-assistance-of-counsel claim overcomes the successive‑writ bar and sought an evidentiary hearing.
- He also submitted two letters from the Harrison County Circuit Clerk stating there are no "Minutes of the Grand Jury," arguing this was newly discovered evidence undermining his indictments.
- The circuit court dismissed the PCR motion without a hearing; the Court of Appeals affirmed, holding Porter failed to show an exception to the procedural bar.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ineffective-assistance claim overcomes successive-writ bar | Porter: counsel was ineffective and plea involuntary; merits exempt procedural bar | State: claim is conclusory, lacks specific allegations and supporting affidavits; guilty plea waives most claims | Court: claim fails for lack of specificity and evidence; does not overcome procedural bar |
| Whether clerk letters are newly discovered evidence overcoming bar | Porter: letters show no grand-jury minutes, implying unconstitutional indictment/conviction | State: grand-jury minutes are not required/available; lack of minutes is discoverable and not newly discovered; indictments are in record | Court: letters are not newly discovered evidence and do not overcome the procedural bar |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective-assistance claims: deficient performance and prejudice)
- State v. Burrill, 312 So. 2d 1 (Miss. 1975) (no right to a stenographic record or "minutes" of grand-jury proceedings)
- Reining v. State, 606 So. 2d 1098 (Miss. 1992) (grand-jury secrecy and standards for disclosure)
- Kelly v. State, 783 So. 2d 744 (Miss. Ct. App. 2000) (defendant must show particular need to overcome grand-jury secrecy)
- Barnes v. State, 969 So. 2d 96 (Miss. Ct. App. 2007) (absence of grand-jury minutes does not overcome PCR procedural bars)
- Russell v. State, 73 So. 3d 542 (Miss. Ct. App. 2011) (elements required for evidence to qualify as "newly discovered")