Louis J. Clay, Jr. v. State of Mississippi
2015-CP-01843-COA
| Miss. Ct. App. | May 16, 2017Background
- In 1979 Louis J. Clay Jr. pleaded guilty to three counts of selling marijuana and received concurrent three-year sentences with six months to serve plus five years' post-release supervision.
- In 1984 MDOC petitioned for termination of Clay’s probation; the circuit court entered discharge and an "order to expunge" referencing completion of the five-year probationary sentence as to the 1979 matters.
- In 1996 Clay was indicted for aggravated assault and sentenced as a nonviolent habitual offender based on the three 1979 convictions; this Court affirmed that conviction on direct appeal.
- Clay repeatedly sought collateral relief; the Mississippi Supreme Court denied multiple leave applications and sanctioned him for filing frivolous motions asserting his 1979 convictions should be treated as one under Floyd.
- In 2015 Clay filed (1) a writ of error coram nobis in chancery court (treated as a PCR motion) and (2) a motion in circuit court to "expunge" the three 1979 convictions; the chancery court dismissed for lack of subject-matter jurisdiction and the circuit court denied expungement.
- The Court of Appeals consolidated Clay’s appeals and affirmed both dismissals/denials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether chancery court had jurisdiction to hear Clay's coram nobis petition | Clay contended multiple collateral defects in his 1996 conviction and asked chancery to review or transfer the record | State argued coram nobis relief is abolished and collateral claims must proceed under UPCCRA; chancery lacks jurisdiction and PCR leave rule applies | Chancery court lacked subject-matter jurisdiction; dismissal affirmed |
| Whether Clay's 1979 convictions are eligible for expungement | Clay argued the 1979 convictions should be treated as one conviction (per Floyd) and sought expunction under various statutes | State argued statutory expungement provisions don’t apply: convictions had adjudications of guilt, were outside date windows, and involved controlled-substance distribution | Circuit court did not err; expungement denied (1979 convictions ineligible) |
| Whether Clay may raise recusal of the judge who presided at the 1996 trial | Clay argued the trial judge should have recused from the aggravated-assault trial | State argued such a claim is a collateral attack on the 1996 conviction and requires PCR leave; the Supreme Court only authorized raising recusal for the expungement proceeding | Claim is procedurally barred as to the 1996 trial; Supreme Court’s prior order did not grant leave to attack trial judge's recusal from the 1996 trial |
| Whether chancery could transfer PCR-type petition to circuit court without supreme-court leave | Clay sought transfer or record review by an appellate court | State relied on Miss. Code §99-39-7 and precedent that leave from the Supreme Court is jurisdictional when appealing a denied direct appeal | Transfer was improper absent leave; chancery could not transfer and dismissal was correct |
Key Cases Cited
- Copple v. State, 196 So. 3d 189 (Miss. Ct. App. 2016) (chancery lacks jurisdiction over claims cognizable under UPCCRA)
- Dunaway v. State, 111 So. 3d 117 (Miss. Ct. App. 2013) (leave-to-file requirement under UPCCRA is jurisdictional)
- Floyd v. State, 155 So. 3d 883 (Miss. Ct. App. 2014) (treatment of multiple prior convictions for habitual-offender analysis)
- Clay v. State, 829 So. 2d 676 (Miss. Ct. App. 2002) (affirming Clay’s aggravated-assault conviction and habitual-offender sentencing)
- Caldwell v. State, 564 So. 2d 1371 (Miss. 1990) (statutory expungement eligibility tied to specific plea dates)