282 So.3d 1185
Miss. Ct. App.2019Background
- Hayes pled guilty to one count of child exploitation on December 10, 2012, and was sentenced on January 7, 2013 to a mandatory 25-year term.
- Hayes filed a first PCR on July 15, 2014 asserting his sentence was cruel and unusual, disproportionate, and exceeded his life expectancy; the circuit court denied relief and this Court affirmed.
- On February 23, 2017 Hayes filed a second PCR claiming his guilty plea was involuntary and his trial counsel was ineffective.
- The Harrison County Circuit Court dismissed the 2017 PCR as successive; Hayes appealed and the clerk received his notice of appeal 39 days after the judgment.
- This Court exercised MRAP 2(c) to excuse the late filing (given prison-mailbox / financial-authorization delay) and reached the merits, concluding the 2017 PCR was both time-barred and successive-writ barred and that no fundamental-rights exception applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction — late notice of appeal | Hayes asked for extra time due to delay obtaining prison financial-authorization for filing | Clerk’s filing missed the 30-day MRAP 4(a) deadline | Court invoked MRAP 2(c) and excused the late notice under the interests-of-justice/prison-mailbox circumstances |
| Time-bar (statute of limitations) | Hayes urged consideration despite filing after three-year statutory window (asserted constitutional claims) | PCRs must be filed within three years of conviction entry under §99-39-5(2) | Motion was time-barred; filed outside the three-year limitations period |
| Successive-writ bar | Hayes argued his claims (involuntary plea, ineffective counsel) justify a successive petition | A prior denial is a final judgment and bars a second PCR; movant gets one PCR bite | Motion was successive and statutorily barred under §99-39-27(9) and §99-39-23(6) |
| Fundamental-rights exception (involuntary plea / IAC) | Hayes claimed constitutional violations that would overcome procedural bars | Mere assertion is insufficient; must show a basis of truth and a violation of a fundamental right | Court found no factual support in the record; exceptions did not apply and claims failed |
Key Cases Cited
- Hayes v. State, 203 So. 3d 1144 (Miss. Ct. App. 2016) (prior PCR denial affirmed)
- Dobbs v. State, 18 So. 3d 295 (Miss. Ct. App. 2009) (one bite at the apple principle for PCRs)
- Rowland v. State, 42 So. 3d 503 (Miss. 2010) (fundamental-rights required to overcome procedural bars)
- Nichols v. State, 265 So. 3d 1239 (Miss. Ct. App. 2018) (enumerating exceptions that survive procedural bars)
- Bevill v. State, 669 So. 2d 14 (Miss. 1996) (limited circumstances where ineffective assistance may overcome procedural bars)
- Small v. State, 141 So. 3d 61 (Miss. Ct. App. 2014) (prison-mailbox rule for prisoner filings)
- Ware v. State, 258 So. 3d 315 (Miss. Ct. App. 2018) (standard of appellate review for PCR dismissals)