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Savell v. State

Court of Appeals of Mississippi

July 21, 2015

WILLIAM DEWAYNE SAVELL A/K/A DEWAYNE SAVELL, APPELLANT
v.
STATE OF MISSISSIPPI, APPELLEE

          COURT FROM WHICH APPEALED: NESHOBA COUNTY CIRCUIT COURT. DATE OF JUDGMENT: 08/06/2014. TRIAL JUDGE: HON. MARCUS D. GORDON. TRIAL COURT DISPOSITION: DISMISSED APPELLANT'S PETITION FOR POST-CONVICTION RELIEF AND DENIED APPELLANT'S REQUEST FOR PRETRIAL-HEARING TRANSCRIPT.

         FOR APPELLANT: WILLIAM DEWAYNE SAVELL (Pro se).

         FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL, BY: SCOTT STUART.

         BEFORE LEE, C.J., ISHEE AND CARLTON, JJ. LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, MAXWELL AND FAIR, JJ., CONCUR. JAMES, J., CONCURS IN PART WITHOUT SEPARATE WRITTEN OPINION. WILSON, J., NOT PARTICIPATING.

          OPINION

Page 1221

          NATURE OF THE CASE: CIVIL - POST-CONVICTION RELIEF

         CARLTON, J.:

         [¶1] After unsuccessfully appealing his murder conviction and then filing several other unsuccessful motions, William Dewayne Savell filed a " Petition for Order to Show Cause" with the Neshoba County Circuit Court.[1] Savell argued that his latest petition was not a petition for post-conviction relief (PCR) but instead sought

Page 1222

a determination of " why the respondents should not produce a transcript of the [pretrial] hearing in Savell's case." [2] Treating Savell's filing as a PCR petition, however, the circuit court dismissed Savell's petition and denied his request for a pretrial-hearing transcript.

         [¶2] In appealing the circuit court's denial of his request for a pretrial-hearing transcript and dismissal of his show-cause petition, Savell disputes the circuit court's seizure of his motorcycle, which he claims he intended to sell to use the proceeds to hire a defense attorney for his trial.[3] Savell argues on appeal to this Court that the circuit court's refusal to provide him with a copy of his pretrial-hearing transcript impaired his ability to appeal and violated his due-process rights. Finding no error, we affirm.

         FACTS

         [¶3] After a jury convicted Savell of the murder of Mandy Davis, the circuit court sentenced him to life imprisonment in the custody of the Mississippi Department of Corrections. Savell v. State, 928 So.2d 961, 964 (¶ 1) (Miss. Ct.App. 2006). Savell then appealed his conviction and sentence to this Court. Id. Finding no error, we affirmed. Id.

         [¶4] In 2009, Savell filed a " Petition for an Order of Disinterment for Autopsy" with the circuit court. Savell v. State, 78 So.3d 376, 377 (¶ 1) (Miss. Ct.App. 2011). The circuit court treated the petition as a PCR motion and dismissed because Savell failed " to obtain leave from the supreme court as required by Mississippi Code Annotated section 99-39-7 (Supp. 2010)." Id. at (¶ 7). In addressing Savell's appeal of the circuit court's judgment, this Court noted that Savell had previously filed three applications for leave to proceed with the supreme court, each of which was denied or dismissed. Id. at (¶ ¶ 3-6). After finding that Savell failed to obtain permission ...


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