69 So. 3d 42
Miss. Ct. App.2011Background
- Willie was convicted of capital murder in 1989 and sentenced to death.
- The Mississippi Supreme Court affirmed the conviction but remanded for a new sentencing hearing.
- On remand, Willie was re-indicted as a habitual offender, pled guilty, and received life without parole.
- Willie later challenged the sentence via post-conviction relief (PCR), which the circuit court denied as time-barred.
- Willie appealed, and the Supreme Court remanded for a new sentencing hearing on the original indictment due to double jeopardy concerns.
- After successive re-sentencings, Willie’s current PCR motion was filed in the circuit court, which the court found untimely; the issue on appeal is jurisdictional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction for PCR without Supreme Court permission | Willie contends the circuit court had authority to hear the PCR motion. | State asserts no jurisdiction without prior Supreme Court permission under §99-39-7. | Circuit court lacked jurisdiction; remand to dismiss. |
Key Cases Cited
- Willie v. State, 585 So.2d 660 (Miss. 1991) (capital murder conviction affirmed)
- Willie II, 738 So.2d 217 (Miss. 1999) (reindictment as habitual offender; life imprisonment)
- Willie III, 876 So.2d 278 (Miss. 2004) (affirmed habitual-offender life sentence)
- Slater v. Bishop, 251 Miss. 306 (1964) (court has sua sponte jurisdiction to address questions of jurisdiction)
- Epps v. State, 837 So.2d 243 (Miss. Ct. App. 2003) (lack of prior permission defeats circuit court authority)