139 So. 3d 727
Miss. Ct. App.2013Background
- Weeks was convicted of burglary in Scott County and sentenced to four years MDOC custody, with parole granted in 1990.
- In 1991, MDOC issued a parole violation warrant; Weeks was extradited to Missouri for separate Missouri offenses.
- Weeks pled guilty in Missouri to kidnapping and rape and received concurrent sentences of 30 years and life; MDOC later requested a detainer with Missouri corrections in 1994.
- In 2011, Weeks filed a Mississippi PCR in Hinds County challenging the detainer; his conviction/sentence underlying the PCR was in Scott County, Mississippi.
- The trial court dismissed the PCR; Weeks appeals, but the court dismisses for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Mississippi court has jurisdiction to hear Weeks's PCR | Weeks argues extradition affected jurisdiction | Record shows no parole revocation; no basis for jurisdiction | Appeal dismissed for lack of jurisdiction |
| Whether a PCR motion must be filed in the court that imposed the sentence | Mississippi PCR improperly filed location is challenged | Miss. Code Ann. § 99-39-7 requires filing in sentencing court | Hinds County lacked jurisdiction; petition dismissed |
Key Cases Cited
- Whetstone v. State, 109 So.3d 616 (Miss.Ct.App.2013) (jurisdictional review standard for PCR appeals)
- Cosby v. State, 66 So.3d 161 (Miss.Ct.App.2010) (de novo review for questions of law, including jurisdiction)
- Woods v. State, 71 So.3d 1241 (Miss.Ct.App.2011) (defendant bears duty to show record supports assignments of error)
- Seal v. State, 38 So.3d 635 (Miss.Ct.App.2010) (court may determine its own jurisdiction)
- Cook v. State, 990 So.2d 788 (Miss.Ct.App.2008) (PCR limitations to a single judgment)