McGriggs v. State
117 So. 3d 626
| Miss. | 2012Background
- McGriggs pled guilty to murder in 2001 and was sentenced to life in MDOC custody.
- He repeatedly pursued post-conviction relief, with PCR motions filed in 2002 (two motions) and 2008, each dismissed and affirmed on appeal.
- McGriggs filed a fourth PCR motion on August 4, 2011; the circuit court dismissed for lack of Supreme Court permission, time-bar, and as a successive writ, and imposed sanctions.
- The Mississippi Supreme Court later held McGriggs did not need permission before filing his PCR motion because direct appeal on merits had not occurred, remanding to allow forma pauperis status on appeal.
- The circuit court nevertheless allowed forma pauperis and dismissed the PCR motion as time-barred and successive-writ barred; sanctions from the earlier order remained in place.
- On appeal, McGriggs argues the guilty plea was involuntary and he was not informed of his right to avoid self-incrimination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PCR motion was time-barred by §99-39-5(2). | McGriggs | McGriggs | Time-bar applies; motion barred |
| Whether the PCR motion was barred as a second/successive writ under §99-39-23(6). | McGriggs | McGriggs | Successive-writ bar applies; motion barred |
| Whether the claimed involuntary plea and right against self-incrimination are fundamental rights exempt from UP-CCRA procedural bars. | McGriggs | State | Not exempt; UP-CCRA procedural bars apply |
Key Cases Cited
- Bell v. State, 95 So.3d 760 (Miss. Ct. App. 2012) (standard for reviewing circuit court factual findings)
- Williams v. State, 872 So.2d 711 (Miss. Ct. App. 2004) (de novo review for issues of law)
- Rowland v. State, 42 So.3d 503 (Miss. 2010) (fundamental rights exception not applied to McGriggs)
- McCoy v. City of Florence, 949 So.2d 69 (Miss. Ct. App. 2006) (frivolous appeal sanctions framework guidance)