89 So. 3d 73
Miss. Ct. App.2011Background
- Payton was convicted by guilty plea in 1970 for forcible rape of an eleven-year-old; sentence was life imprisonment.
- Payton was paroled in 1984, rearrested in 1986, and parole was revoked; he was recommitted to custody.
- Payton filed at least two post-conviction relief motions (1987 and 1992), both denied or dismissed and affirmed by the Mississippi Supreme Court without opinion.
- On April 27, 2010, Payton filed an Application for Leave to Proceed in the Trial Court alleging illegal sentence, lack of counsel for the guilty plea, and Graham v. Florida impact.
- On June 21, 2010, Payton filed a PCR in the circuit court; the Mississippi Supreme Court denied the leave application on July 21, 2010.
- The circuit court dismissed the PCR on August 11, 2010 for lack of jurisdiction; Payton appealed, triggering the Jackson v. State considerations on proper forum and jurisdiction for PCRs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction for Payton’s April 2010 application and subsequent PCR | Payton should have been allowed to proceed in circuit court; the Supreme Court’s denial did not deprive circuit court | Supreme Court denial ended the issue; circuit court lacked jurisdiction | Reversed; circuit court may consider PCR on remand |
| Effect of Jackson v. State on jurisdiction rules for PCR filings | Jackson supports circuit-court initial jurisdiction for guilty-plea cases without direct appeal | Jackson should not override existing procedural bar in this case | Jackson governs; remand to circuit court appropriate |
| Proper forum for PCR where there was no direct appeal | Under Jackson, filing PCR in circuit court is proper | Historically, this Court had last jurisdiction; need leave for trial-court filing | Payton’s PCR may proceed in circuit court on remand |
Key Cases Cited
- Jackson v. State, 67 So.3d 725 (Miss. 2011) (reaffirms circuit-court initial jurisdiction for PCR when no direct appeal; improper filings in this Court must be dismissed or remanded)
- Evans v. State, 485 So.2d 276 (Miss. 1986) (last-court-to-exercise jurisdiction rule and need for leave to file PCR when direct appeal occurred)
- Martin v. State, 556 So.2d 357 (Miss. 1990) (trial court has original jurisdiction for PCR in guilty-plea cases; procedural mechanics for leave/not leave)
- McDonall v. State, 465 So.2d 1077 (Miss. 1985) (original-jurisdiction principles guiding post-conviction petitions)