Loden v. State
58 So. 3d 27
Miss. Ct. App.2011Background
- Loden was indicted for capital murder and habitual offender under Miss. Code Ann. §99-19-81.
- On July 1, 1999, Loden pled guilty to capital murder as a habitual offender and received a life sentence without parole.
- Loden filed a first PCR on May 10, 2001, which was denied and affirmed on appeal in 2002.
- Loden filed a second PCR on January 8, 2010 asserting the lack of a bifurcated hearing on habitual-offender status.
- The circuit court denied the 2010 PCR as time-barred and as a successive writ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second PCR was barred as a successive writ | Loden | State | No merit; successive-writ bar not overcome |
| Whether habitual-offender status required a bifurcated hearing | Loden | State | Status established at plea; waiver of bifurcated hearing valid |
| Whether the PCR motion was timely | Loden | State | Untimely; three-year limit under §99-39-5(2) elapsed |
Key Cases Cited
- Keyes v. State, 549 So.2d 949 (Miss. 1989) (habitual-offender status established at entry of sentence)
- Stone v. State, 872 So.2d 87 (Miss. Ct. App. 2004) (exception to successive-writ bar; merits not reached)
- Carbin v. State, 942 So.2d 231 (Miss. Ct. App. 2006) (burden to prove exceptions to successive-writ bar)
- Amos v. State, 44 So.3d 1058 (Miss. Ct. App. 2010) (standard of review for PCR factual findings)
- Moore v. State, 986 So.2d 928 (Miss. 2008) (de novo review of questions of law)
- Loden v. State, 818 So.2d 367 (Miss. Ct. App. 2002) (appeal affirming denial of first PCR)