205 So. 3d 1087
Miss. Ct. App.2016Background
- Michael Balle was convicted by a jury of capital murder and sentenced to life without parole in 2002; he did not file a direct appeal.
- Nearly thirteen years later Balle filed a pro se Habeas Corpus motion styled as a motion for post-conviction relief (PCR) asserting counsel failed to file an appeal and claiming actual innocence.
- The Jackson County Circuit Court summarily dismissed the PCR as time-barred under the UPCCRA three-year statute of limitations for PCRs when no direct appeal is taken.
- The circuit court relied on Miss. Code Ann. § 99-39-5(2) (three-year limit) and § 99-39-11(2) (allowing summary dismissal when relief is plainly not available).
- On appeal, the Court of Appeals affirmed, finding Balle identified no statutory exception or sufficient showing of a fundamental constitutional right to overcome the procedural bar, and noting an out-of-time appeal claim is still subject to the three-year limit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Balle's PCR is timely despite no direct appeal | Balle asserted counsel failed to file an appeal and sought relief nearly 13 years later | State argued the UPCCRA three-year statute bars the untimely PCR | Dismissed: PCR time-barred under § 99-39-5(2) |
| Whether Balle is entitled to an out-of-time appeal | Balle sought an out-of-time appeal based on counsel’s failure to perfect appeal | State argued an out-of-time appeal claim is subject to the same three-year limit and was untimely | Denied: no basis shown for out-of-time appeal after 13 years |
| Whether alleged constitutional errors overcome procedural bars | Balle claimed constitutional violations, including ineffective assistance re: appeal | State argued mere assertion of constitutional error is insufficient without some showing of truth to waive procedural bars | Denied: no showing of fundamental constitutional right to bypass the statute of limitations |
| Whether issues not raised in circuit court PCR may be considered on appeal | Balle raised additional trial and pretrial issues on appeal | State argued issues not raised below are procedurally barred on appeal | Affirmed: appellate court declined to address issues not raised in the PCR below |
Key Cases Cited
- Brink v. State, 888 So. 2d 437 (Miss. Ct. App. 2004) (reciting facts of the related co-defendant’s prosecution)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (errors affecting fundamental constitutional rights may be excepted from UPCCRA procedural bars)
- Means v. State, 43 So. 3d 438 (Miss. 2010) (mere assertion of a constitutional-right violation is insufficient to overcome procedural bars without some basis for truth)
- Sanders v. State, 179 So. 3d 1190 (Miss. Ct. App. 2015) (noting Mississippi has recognized the right to counsel as "fundamental" in death-penalty contexts but not in non-death cases)
- DeLoach v. State, 890 So. 2d 934 (Miss. Ct. App. 2004) (out-of-time appeal claims remain subject to the UPCCRA statute of limitations)
- Smith v. State, 973 So. 2d 1003 (Miss. Ct. App. 2007) (issues not raised in the circuit court PCR are procedurally barred on appeal)