181 So. 3d 310
Miss. Ct. App.2015Background
- Robert E. Lewis Jr. pleaded guilty to capital murder on August 28, 2008, and was sentenced as a habitual offender to life without parole.
- Between 2009 and 2014 Lewis filed four post-conviction relief (PCR) motions in Lowndes County; one was denied and others dismissed as successive.
- The circuit court dismissed the fourth PCR because Lewis had not obtained leave from the Mississippi Supreme Court and because the motion was successive under § 99-39-23(6).
- Lewis appealed, raising (1) whether he needed supreme-court permission under § 99-39-7 before filing a PCR after a guilty plea and (2) whether the circuit court abused its discretion in denying free records/transcripts; the court found the second issue procedurally barred and addressed only the first.
- The Court of Appeals held Lewis did not need supreme-court leave to file the PCR in the trial court because he pleaded guilty (and thus had no direct appeal to the supreme court), but affirmed dismissal because the petition was barred as a second or successive PCR under § 99-39-23(6).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lewis was required to obtain leave of the Mississippi Supreme Court under § 99-39-7 before filing his PCR in the circuit court | Lewis: No — because he pleaded guilty and therefore had no direct appeal to the supreme court; Jackson controls that trial court has jurisdiction in such circumstances | State: Yes — Lewis had previously litigated PCR; the supreme court (or last court to exercise jurisdiction) must grant leave before another PCR | Court: Lewis did not need supreme-court permission to file in circuit court after a guilty plea, but the petition was nonetheless dismissed as a successive writ under § 99-39-23(6) |
| Whether the circuit court abused its discretion by denying Lewis free records/transcripts for PCR | Lewis: He was entitled to records/transcripts to pursue PCR | State: Court did not err; procedural rules apply | Court: Issue was procedurally barred on appeal (not addressed on merits) |
Key Cases Cited
- Jackson v. State, 67 So. 3d 725 (Miss. 2011) (trial court has jurisdiction to hear PCR where defendant pleaded guilty and there was no direct appeal to the supreme court)
- Willie v. State, 69 So. 3d 42 (Miss. Ct. App. 2011) (discusses application of § 99-39-7 where supreme court previously exercised jurisdiction)
- Dallas v. State, 994 So. 2d 862 (Miss. Ct. App. 2008) (applies principle that supreme court has initial jurisdiction when it last exercised jurisdiction)
- Perry v. State, 759 So. 2d 1269 (Miss. Ct. App. 2000) (holds supreme court retains initial jurisdiction where it affirmed conviction)
- Johnson v. State, 394 So. 2d 319 (Miss. 1981) (requires leave when supreme court was the last to entertain the cause)
- Chapman v. State, 167 So. 3d 1170 (Miss. 2015) (standards of review for PCR factual findings and legal conclusions)