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Scott v. State

Court of Appeals of Mississippi

May 27, 2014

THOMAS ROY SCOTT A/K/A THOMAS SCOTT, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: JONES COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 07/03/2013. TRIAL JUDGE: HON. BILLY JOE LANDRUM. TRIAL COURT MOTION FOR POST-CONVICTION RELIEF DISMISSED.

DISPOSITION: AFFIRMED.

FOR APPELLANT: THOMAS ROY SCOTT (Pro se).

FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: LISA L. BLOUNT.

BEFORE LEE, C.J., CARLTON, MAXWELL AND FAIR, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, ROBERTS, CARLTON, MAXWELL AND JAMES, JJ., CONCUR.

OPINION

Page 35

NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

FAIR, J.

¶1. On April 1, 1983, Thomas Scott pled guilty to murder under Mississippi Code Annotated section 97-3-19(1)(c) (Rev. 2006). He was sentenced to life imprisonment in the custody of the Mississippi Department of Corrections. Thirty years later, on June 12, 2013, Scott filed a motion for post-conviction relief (PCR), alleging that he received an illegal sentence due to a defective indictment and ineffective assistance of counsel. The Jones County Circuit Court held that Scott's PCR motion was time-barred since it was filed outside the three-year statute of limitations established by Mississippi Code Annotated section 99-39-5(2) (Supp. 2013). Scott appeals. Finding no error, we affirm.

STANDARD OF REVIEW

¶2. The trial court may summarily dismiss a PCR motion without an evidentiary hearing " [i]f it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief." Miss. Code Ann. § 99-39-11(2) (Supp. 2013). To succeed on appeal, the movant must: (1) make a substantial showing of the denial of a state or federal right and (2) show that the claim is procedurally alive. Young v. State, 731 So.2d 1120, 1122 (¶ 9) (Miss. 1999).

¶3. When this Court reviews the trial court's dismissal of a PCR motion, we " will not disturb the trial court's factual findings unless they are found to be clearly erroneous. However, where questions of law are raised[,] the applicable standard of review is de novo." Terry v. State, 755 So.2d 41, 42 (¶ 4) (Miss.Ct.App. 1999).

DISCUSSION

¶4. Scott pled guilty in 1983 but did not file his PCR motion until 2013, well past the three-year statute of limitations. See Miss. Code Ann. § 99-39-5(2). Claims made outside of the three-year statute of limitations must raise one of the exceptions found in section 99-39-5(2)(a)-(b). Therefore, " we look to see whether an exception to these procedural bars applies. The burden falls on the movant to show he has met a ...


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