73 So. 3d 564
Miss. Ct. App.2011Background
- Mann was indicted for capital murder in 1993; he pled guilty to murder and armed robbery and was sentenced to life plus 40 years.
- Mann previously pursued post-conviction relief in 1994–1995 and in 2006, both denied.
- Mann filed the current PCR motion on January 19, 2010, which the circuit court treated as a successive writ.
- The trial court denied relief as time-barred and as an improper successive writ under UPCCRA.
- On appeal, the Mississippi Court of Appeals held the PCR motion is time-barred and barred as a successive writ and affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mann’s trial counsel actions violated his confrontation rights | Mann contends violations of 5th/14th Amendments and Article 3, §14 | State contends no reversible error occurred | No reversible error; affirmed |
| Whether the circuit court lacked subject-matter jurisdiction due to false grand-jury evidence | Mann asserts grand jury relied on false evidence to indict for capital murder | State argues no jurisdictional defect shown | No jurisdictional flaw proven; affirmed |
| Whether Rule 11/understanding of capital-murder elements was violated | Mann alleges failure to understand essential elements under Rule 11 | State denies error in failure to understand elements | Rule 11 issue without merit; affirmed |
| Whether Mann received ineffective assistance of counsel violating 4th–6th Amendments | Mann claims ineffective assistance of counsel violated constitutional rights | State asserts no prejudice or error | No reversible ineffective-assistance finding; affirmed |
Key Cases Cited
- White v. State, 59 So. 3d 633 (Miss. Ct. App. 2011) (upccra successive-writ bar and three-year limit)
- Adams v. State, 954 So. 2d 1051 (Miss. Ct. App. 2007) (burden to show statutory exception for newly discovered evidence)
- Bradley v. State, 919 So. 2d 1062 (Miss. Ct. App. 2005) (standard of review for questions of law is de novo)
- Graves v. State, 822 So. 2d 1089 (Miss. Ct. App. 2002) (deference to trial court findings on factual questions)
- Mann v. State, 2 So.3d 743 (Miss. Ct. App. 2009) (context for PCR procedural history)