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Sanderson Farms, Inc. v. Jessie

Court of Appeals of Mississippi

July 21, 2015

SANDERSON FARMS, INC., APPELLANT
v.
TANYA JESSIE, APPELLEE

DATE OF JUDGMENT: 09/03/2014

JONES COUNTY CIRCUIT COURT HON. BILLY JOE LANDRUM JUDGE.

ATTORNEY FOR APPELLANT: RICKEY GAVIN (PRO SE)

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JOHN R.

EN BANC

MAXWELL, J.

¶1. In 2009, Ricky Gavin pled guilty to capital murder and was sentenced to life. This court affirmed the denial of Gavin's first post-conviction-relief (PCR) motion in 2011.[1] He now appeals the dismissal of his second PCR motion, filed in 2014, which the circuit judge denied as both time-barred and successive-writ barred. After review, we find the circuit judge properly held that his current PCR challenge was procedurally barred. There is also no merit to his defective-indictment challenge since the State properly pled both capital murder and the underlying robbery. We therefore affirm.

Discussion

I. Procedural Bars

a. Time-Bar

¶2. Under Mississippi's PCR statute, challenges to guilty pleas must be filed within three years after entry of the judgment of conviction. Miss. Code Ann. § 99-39-5(2) (Supp. 2014). Gavin pled guilty in 2009 but waited until 2014 to file this PCR challenge. So his present PCR motion was properly dismissed as untimely.

b. Successive-Writ Bar

¶3. Gavin's second procedural snag is that he filed an earlier PCR attack in 2010-a challenge dismissed by the circuit court and affirmed by this court in 2011. Gavin, 72 So.3d at 577 (¶22). The Uniform Post-Conviction Collateral Relief Act (UPCCRA) bars review of PCR challenges when the movant has already filed a PCR motion. Miss. Code Ann. § 99-39-23(6) (Supp. ...


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