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Taylor v. State

Court of Appeals of Mississippi

September 10, 2013

Thomas TAYLOR a/k/a Thomas Edward Taylor a/k/a Tinker, Appellant
v.
STATE of Mississippi, Appellee. Thomas Taylor a/k/a Thomas Edward Taylor a/k/a Tinker, Appellant
v.
State of Mississippi, Appellee.

Thomas Taylor, appellant, pro se.

Page 330

Office of the Attorney General by Billy L. Gore, attorney for appellee.

Before IRVING, P.J., CARLTON and JAMES, JJ.

CARLTON, J.

¶ 1. Thomas Taylor appeals the trial court's dismissal of his motion for post-conviction relief (PCR). We find that Taylor's claims are time-barred, and procedurally barred based on res judicata. Additionally, the record fails to reflect any documentation showing Taylor received permission to file a petition for post-conviction relief subsequent to the affirmance of his conviction of direct appeal. See Miss.Code Ann. § 99-39-7 (Supp.2012). Accordingly, we dismiss this appeal for lack of jurisdiction.

FACTS

¶ 2. On February 11, 1998, a Lowndes County jury convicted Taylor of capital rape, and the trial court sentenced him to life imprisonment. Taylor appealed his conviction and sentence on February 20, 1998, which this Court affirmed. See Taylor v. State, 744 So.2d 306, 320 (¶ 66) (Miss.Ct.App.1999).

¶ 3. On February 15, 2012, Taylor filed a request for a writ of habeas corpus in Greene County Circuit Court, the court of confinement, claiming illegal confinement. Taylor alleged that his indictment charging him with capital rape was forged and altered and, as a result, he had never been tried, convicted, and sentenced. The Greene County Circuit Court transferred the motion to the Lowndes County Circuit Court via an order transferring venue, explaining that " the trial court which ... sentenced [Taylor] has exclusive jurisdiction" over the matter.

¶ 4. In a notice of appeal postmarked May 4, 2012, Taylor filed an appeal in Greene County Circuit Court regarding the order transferring venue to Lowndes County. The Greene County Circuit Clerk informed Taylor that the case was transferred to Lowndes County Circuit Court, and therefore, " in the interest of justice," she would forward his notice of appeal to Lowndes County as well.

¶ 5. The Lowndes County Circuit Court, treating Taylor's filing as a PCR motion, summarily denied the motion on May 22, 2010. The trial court explained that on direct appeal, this Court had previously affirmed Taylor's conviction to capital rape and sentence to life imprisonment. The trial court also stated that Taylor had failed to obtain permission from the supreme court to proceed in the trial court, thus barring Taylor's PCR motion pursuant to Mississippi Code Annotated section 99-39-7. See Williams v. State, 98 So.3d 484, 487 (¶ ¶ 8-9) (Miss.Ct.App.2012). The trial court entered a second order relating to Taylor's appeal of the Greene County Circuit Court's order transferring venue, concluding that the trial court lacked jurisdiction to consider Taylor's notice of appeal since the original order transferring venue was an order from another district. The court explained that it " [was] without jurisdiction to consider an appeal of an order from another district."

¶ 6. Taylor now appeals, arguing that the circuit court erroneously dismissed his PCR motion. Upon review, we dismiss Taylor's appeal for lack of jurisdiction, but we differ in our analysis regarding the basis for the lack of jurisdiction.

STANDARD OF REVIEW

¶ 7. A trial court's dismissal of a motion for PCR will not be disturbed unless the trial court's factual findings were clearly erroneous. Williams v. State, 872 So.2d 711, 712 (¶ 2) ...


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