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Bradford v. State

Court of Appeals of Mississippi

February 10, 2015

SAM BRADFORD, SR. A/K/A SAM BRADFORD, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

COURT FROM WHICH APPEALED: JEFFERSON COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 10/09/2013. TRIAL JUDGE: HON. LAMAR PICKARD. TRIAL COURT DISPOSITION: DENIED MOTION FOR JUDGMENT ON THE PLEADINGS.

SAM BRADFORD SR., APPELLANT, Pro se.

FOR APPELLEE: BARBARA WAKELAND BYRD, OFFICE OF THE ATTORNEY GENERAL.

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

OPINION

GRIFFIS, P.J.

¶1. Sam Bradford Sr. appeals the Jefferson County Circuit Court's dismissal of his motion for post-conviction collateral relief (PCCR) for lack of jurisdiction. We affirm.

FACTS AND PROCEDURAL HISTORY

¶2. After a jury trial, Bradford was convicted of murder and sentenced to life imprisonment in the custody of the Mississippi Department of Corrections (MDOC). He then filed a direct appeal arguing the verdict was against the overwhelming weight of the evidence because no reasonable jury could have convicted him of anything other than manslaughter. This Court affirmed his conviction. See Bradford v. State, 910 So.2d 1232, 1234 (¶ 11) (Miss.Ct.App. 2005).

Page 1203

¶3. Thereafter, Bradford filed an application for leave to proceed in the circuit court with the Mississippi Supreme Court. On February 22, 2007, the supreme court denied his request. The supreme court found that the issues raised by Bradford either were raised on direct appeal or could have been raised. As a result, those issues were procedurally barred. The supreme court further found that Bradford's claim that his sentence was illegal was without merit. A second application for leave to proceed in the trial court was also denied by the supreme court on March 3, 2011.

¶4. Nevertheless, on December 5, 2011, Bradford filed a motion to vacate and set aside his murder conviction and to resentence him for manslaughter in the circuit court. The court treated his motion as a request for post-conviction collateral relief. On December 29, 2011, the circuit court found Bradford's motion was time-barred and barred as a successive writ; thus, his motion was dismissed. In addition, the circuit court sanctioned Bradford $250 and prohibited him from filing any additional PCCR motions until he either paid the $250 or was granted permission from the supreme court to file an additional PCCR motion.

¶5. On January 13, 2012, Bradford filed a motion for relief from the judgment pursuant to Mississippi Rule of Civil Procedure 60(b)(4). The circuit court again treated the motion as one for post-conviction collateral relief. The court denied this motion as time-barred and as a successive writ. Bradford appealed arguing his murder conviction should be vacated, and he should be resentenced for manslaughter. This Court affirmed the circuit court's dismissal of Bradford's PCCR motion because the circuit court lacked jurisdiction. Bradford v. State, 116 So.3d 164, 166 (¶ 9) (Miss.Ct.App. 2012).

¶6. Then, on October 7, 2013, Bradford filed a motion for a judgment on the pleadings in the circuit court. The circuit court dismissed it for lack of jurisdiction. Bradford appeals this decision and argues that the dismissal violates his state and federal constitutional rights. He also argues again that his ...


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