102 So. 3d 1227
Miss. Ct. App.2012Background
- Sims was indicted in 2008 for capital murder and four other felonies tied to a retaliatory home invasion.
- He entered an Alford plea to murder in exchange for dismissal of the remaining charges, and was sentenced to life imprisonment on Oct. 20, 2008.
- Sims moved to vacate judgment on Sept. 15, 2010, claiming involuntariness and ineffective assistance of counsel; an evidentiary hearing followed on Apr. 11, 2011.
- Sims argued the plea was involuntary because he would not have entered it if advised he could not be eligible for parole.
- The circuit court treated the motion as post-conviction relief (PCR), denied relief after an evidentiary hearing, and issued a written order on Apr. 12, 2012.
- Sims later filed a Rule 60(b) motion to reconsider; the circuit court rejected it as an attempt to relitigate the PCR issues, and the Court of Appeals affirmed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of appellate review for PCR denial | Sims preserved appeal via oral notice | Sims failed to file proper notice or Rule 59 motion | No proper preservation; issues not reviewable |
| Scope of Rule 60(b) relief | Rule 60(b) allows relief to review merits | Rule 60(b) is extraordinary, collateral relief | Rule 60(b) does not permit merits review of PCR; no abuse of discretion |
| Oral notice of appeal | There was oral notice during the evidentiary hearing | M.R.A.P. requires a written notice of appeal | Oral notice ineffective; no appeal filed |
| Use of Rule 60(b) to relitigate PCR claims | Rule 60(b) can revisit procedural defaults | Cannot relitigate issues; improper use | Rule 60(b) cannot be used to relitigate PCR merits |
| Adequacy of the circuit court’s Rule 60(b) ruling | Denial was an abuse of discretion | No abuse; based on record | No abuse of discretion; affirmed |
Key Cases Cited
- Bruce v. Bruce, 587 So.2d 898 (Miss.1991) (Rule 60(b) extraordinary relief; collateral to merits)
- Browder v. Director, Dep’t of Corr. of Ill., 434 U.S. 257 (1981) (Rule 60(b) limited to extraordinary circumstances; collateral matters)
- Stringfellow v. Stringfellow, 451 So.2d 219 (Miss.1984) (Rule 60(b) relief should not be used to relitigate)
- Pruett v. Malone, 767 So.2d 983 (Miss.2000) (Rule 60(b) relief not for relitigating case)
- State ex rel. Miss. Bureau of Narcotics v. One (1) Chevrolet Nova Auto., 573 So.2d 787 (Miss.1990) (Rule 60(b) extraordinary relief; limits on scope)