Rochester Eugene Presley v. State of Mississippi, 176 So. 3d 158

Presley pleaded guilty to grand larceny in 2004 and received a 10-year MDOC sentence with probation.
Probation was revoked in 2005 after Presley committed new offenses, and the court imposed the remainder of the sentence.
In 2006 Presley was convicted of burglary and grand larceny and received concurrent sentences.
Presley’s direct appeal of those 2006 convictions was affirmed by Presley I (Miss. Ct. App. 2008).
Presley II (Miss. 2010) affirmed the trial court’s denial of his PCR related to the 2004 conviction and probation revocation.
Presley filed a petition in 2011 and a PCR motion in 2014, but he had not obtained permission from the Mississippi Supreme Court to file the PCR, triggering lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the circuit court had jurisdiction to adjudicate the PCR motion	Presley contends the filing fell under post-conviction relief procedures	State asserts permission from the Supreme Court was required under §99-39-7	Jurisdiction lacking; permission required and not obtained

Putnam v. Epps, 963 So. 2d 1232 (Miss. Ct. App. 2007) (permits PCR after direct appeal requires Supreme Court permission)
Edmond v. Mississippi Department of Corrections, 783 So. 2d 675 (Miss. 2001) (habeas vs post-conviction framework explained)
Epps v. State, 837 So. 2d 243 (Miss. Ct. App. 2003) (failure to obtain permission deprives circuit court of authority)
Presley I, 994 So. 2d 191 (Miss. Ct. App. 2008) (direct appeal on burglary/grand larceny convictions affirmed)
Presley II, 48 So. 3d 526 (Miss. 2010) (supreme court affirmed on revocation and PCR-related issues)
Williams v. State, 98 So. 3d 484 (Miss. Ct. App. 2012) (permissive language for filing after appeal)