190 So. 3d 509
Miss. Ct. App.2016Background
- In June 2012, Marshall Chandler was convicted by a Madison County jury of kidnapping, aggravated assault, and conspiracy; he received an effective 45-year sentence with five years post-release supervision.
- Before sentencing, Chandler agreed to waive his right to appeal in exchange for the State not pursuing habitual-offender enhancement; the trial court confirmed the waiver on the record.
- Chandler filed a pro se post-trial motion (JNOV/new trial) in December 2012; the trial court denied it as untimely.
- Chandler’s direct appeal was dismissed by this Court as untimely; his later motion to reinstate the appeal was denied.
- Chandler then filed a post-conviction-relief (PCR) motion in circuit court in September 2013; the circuit court summarily dismissed the PCR on the merits in September 2014.
- The State argued the circuit court lacked jurisdiction because, after an appeal is dismissed as untimely, a prisoner must first obtain leave from the Mississippi Supreme Court before filing a PCR motion in the trial court; the Court of Appeals agreed and vacated the merits dismissal, rendering a dismissal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circuit court had jurisdiction to hear Chandler’s PCR after his direct appeal was dismissed as untimely | Chandler contended he could pursue PCR in circuit court without first obtaining leave because his appeal was only from denial of the post-trial motion, not the conviction/sentence | State argued dismissal of the direct appeal as untimely has effect of affirming conviction/sentence and requires prisoner to obtain leave from MS Supreme Court before filing PCR in trial court | Court held circuit court lacked jurisdiction because appeal was dismissed as untimely; Chandler had to request and obtain leave from the Supreme Court before filing PCR, so PCR is dismissed for lack of jurisdiction |
Key Cases Cited
- Dunaway v. State, 111 So. 3d 117 (Miss. Ct. App. 2013) (jurisdictional requirement that leave be obtained when appeal affirmed or dismissed)
- Campbell v. State, 75 So. 3d 1160 (Miss. Ct. App. 2011) (same principle affirming jurisdictional nature of leave requirement)
- Jones v. State, 64 So. 3d 478 (Miss. 2011) (dismissal of untimely appeal requires prisoner to obtain Supreme Court leave before filing PCR)
- Johnson v. State, 394 So. 2d 319 (Miss. 1981) (dismissal for failure to perfect appeal in time has effect of affirming conviction and sentence)