64 So. 3d 1009
Miss. Ct. App.2010Background
- Pickle was convicted of capital murder and sentenced to life in MDOC custody.
- He has a long PCR history, including a 1997 motion for an out-of-time appeal from his 1978 Leflore County conviction which was denied.
- Mississippi Supreme Court affirmed collateral estoppel against an out-of-time appeal in 2001.
- A 2004 PCR motion was dismissed as time-barred and as a successive writ, which this Court affirmed in 2006.
- In 2009 Pickle filed a new PCR motion deemed frivolous and barred, leading to the current appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PCR motion is procedurally barred as successive | Pickle contends not barred due to new issues | State argues third PCR is barred | Procedurally barred |
| Whether the PCR motion was time-barred under § 99-39-5(2) | Timing should permit relief under exceptions | Motion outside three-year window; no exceptions present | Time-barred |
| Whether the circuit court properly dismissed as frivolous | Motion raised potentially meritorious issues | Court properly deemed frivolous given prior frivolous filings | Frivolous dismissal affirmed |
| Whether collateral estoppel or prior rulings affect the current PCR | Prior rulings do not preclude new relief | Prior determinations preclude relief | Rules upheld; collateral estoppel applies |
Key Cases Cited
- Pickle v. State, 791 So.2d 204 (Miss. 2001) (collateral estoppel from out-of-time-appeal issue)
- Dobbs v. State, 18 So.3d 295 (Miss. Ct. App. 2009) (one bite at PCR; successive writs barred)
- Walters v. State, 21 So.3d 1166 (Miss. 2009) (frivolous PCR dismissal where no relief is available)
- Williams v. State, 872 So.2d 711 (Miss. Ct. App. 2004) (standard for reviewing PCR dismissals)
- Brown v. State, 731 So.2d 595 (Miss. 1999) (de novo review of questions of law)