90 So. 3d 112
Miss. Ct. App.2011Background
- Riley pleaded guilty to murder in 1999 and was sentenced to life in MDOC custody.
- He filed five post-conviction motions; the first was dismissed in 2000 and four subsequent motions followed.
- The fifth motion, filed November 17, 2009, was dismissed as procedurally barred as a successive writ under section 99-39-23(6).
- The circuit court and this Court held Riley’s claims untimely and barred by successive-writ doctrine, with limited statutory exceptions unavailable here.
- Riley argues fundamental-rights implications, but prior holdings rejected his involuntary-plea and ineffective-assistance claims as meritless.
- Riley also contends indictment defects and newly discovered evidence exempt the motion from the bar, which the court rejects.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether fifth post-conviction motion is barred as a successive writ | Riley | Riley | Barred as successive writ |
| Whether procedural bars should be waived for fundamental rights | Riley | Riley | No merit; bars apply |
| Whether indictment defects are waived by guilty plea | Riley | Riley | Waived; defects not shown |
| Whether newly discovered evidence exempts the motion from the bar | Riley | Riley | Not applicable; guilty plea negates new-evidence exception |
Key Cases Cited
- Riley v. State, 848 So.2d 888 (Miss.Ct.App.2003) (affirms dismissal of prior post-conviction claims)
- Black v. State, 806 So.2d 1162 (Miss.Ct.App.2002) (indictment defects and guilty-plea waivers)
- Harris v. State, 757 So.2d 195 (Miss.2000) (indictment requirements in single-district counties)
- Chancy v. State, 938 So.2d 267 (Miss.Ct.App.2005) (newly discovered evidence exceptions avoid bar only in trials)