Massey v. State
144 So. 3d 204
Miss. Ct. App.2014Background
- Massey faced 2009 criminal charges including two weapon possession by felon counts and one aggravated assault count.
- On December 6, 2010, Massey pled guilty under a plea agreement, receiving ten-year sentences on the weapon counts to run concurrently and a twenty-year aggravated assault sentence with all but one day suspended, to be served consecutively.
- Massey previously appealed a first PCR dismissal, which this Court affirmed in Massey v. State, 131 So.3d 1213 (Miss.Ct.App.2013).
- The circuit court granted summary dismissal of Massey’s second PCR motion as barred as a successive writ under Miss. Code Ann. § 99-89-23(6).
- Massey attempted to raise the same issues as in his first PCR appeal, including an alleged backdating of his plea petition and alleged falsification of documents.
- The court held Massey’s second PCR motion barred as successive writ, barred by res judicata, and, alternatively, without merit as argued in the prior opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the second PCR is barred as a successive writ | Massey asserts new PCR grounds. | State argues second PCR is barred absent statutory exceptions. | Barred as a successive writ. |
| Whether the claim is barred by res judicata | Massey claims new grounds not raised previously. | State contends issues could have been raised in first PCR. | Barred by res judicata. |
| Whether the claim, though barred, would have merit | Potential merit despite procedural bar. | Merits are lacking per prior opinion. | Without merit; not prevailing on merits. |
Key Cases Cited
- Massey v. State, 131 So.3d 1213 (Miss.Ct.App.2013) (affirmed prior PCR dismissal; informs this decision)
- Willis v. State, 17 So.3d 1162 (Miss.Ct.App.2009) (procedural bar for claims not raised in original petition)
- Rivers v. State, 807 So.2d 1280 (Miss.Ct.App.2002) (claims not raised in initial petition barred)
- Estate of Anderson v. Deposit Guar. Nat’l Bank, 674 So.2d 1254 (Miss.1996) (res judicata extends to issues that could have been raised in initial suit)
- Callins v. State, 975 So.2d 219 (Miss.2008) (standard for reviewing trial court factual findings in PCR)