Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Clay v. State

Court of Appeals of Mississippi

May 16, 2017

LOUIS J. CLAY, JR. A/K/A LOUIS CLAY A/K/A SPOOLA BOO A/K/A LOUIS CLAY, JR. A/K/A LEWIS CLAY A/K/A LOUIS JAMES CLAY, JR. APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE LOUIS J. CLAY, JR. A/K/A LOUIS CLAY A/K/A SPOOLA BOO A/K/A LOUIS CLAY, JR. A/K/A LEWIS CLAY A/K/A LOUIS JAMES CLAY, JR. APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 11/17/2015

          DATE OF JUDGMENT: 02/11/2016

         WILKINSON COUNTY CIRCUIT COURT A. JOHNSON JR.HON. FORREST JUDGE

         WILKINSON COUNTY CHANCERY COURT HON. GEORGE WARD JUDGE

          ATTORNEY FOR APPELLANT: LOUIS J. CLAY JR. (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: JEFFREY A. KLINGFUSS

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

         En Banc.

          IRVING, P.J.

         ¶1. Louis Clay Jr. appeals the Wilkinson County Chancery Court's judgment dismissing his petition for writ of error coram nobis for lack of subject-matter jurisdiction. Clay also appeals the Wilkinson County Circuit Court's judgment denying his motion to expunge three 1979 convictions for selling marijuana. Finding no error, we affirm both judgments.

         FACTS

         ¶2. In September 1979, Clay pleaded guilty to three separate charges of selling marijuana in cause numbers 3951, 3952, and 3956. For each conviction, the Wilkinson County Circuit Court sentenced him to concurrent terms of three years in the custody of the Mississippi Department of Corrections (MDOC), with six months to serve, followed by five years of post-release supervision. In 1984, MDOC filed a petition to terminate Clay's probation because he had "completed his five[-]year probationary sentence." MDOC requested that the circuit court terminate Clay's probation and discharge him. On the same day that MDOC filed its petition, the circuit court entered a discharge order related to all three of Clay's 1979 convictions. The circuit court also entered an "order to expunge, " which stated that it was in response to MDOC's petition. The "order to expunge" further stated that Clay had "satisfactorily completed his five[-]year probationary sentence, and it is ordered that such sentence be . . . expunged from [Clay's] record." Although the "order to expunge" referred to a singular sentence, the style of the document reflects that it pertained to all three of Clay's 1979 cases.

         ¶3. In November 1996, Clay was indicted for aggravated assault. He was also charged as a nonviolent habitual offender based on his 1979 convictions. Clay was later convicted of aggravated assault and sentenced as a habitual offender. Clay v. State, 829 So.2d 676, 678 (¶1) (Miss. Ct. App. 2002). This Court affirmed the circuit court's judgment. Id. at 688 (¶33). In so doing, we held that "Clay's argument that double jeopardy [had] occurred in the [circuit court]'s finding [that he qualified for sentencing as a] habitual offender [failed]." Id. at 687 (¶29).

         ¶4. Since then, Clay has filed numerous unsuccessful applications for leave to file a motion for post-conviction relief (PCR) related to his aggravated-assault conviction.[1] In September 2014, the Mississippi Supreme Court entered an order denying what it described as Clay's seventh application. Clay v. State, 2014-M-00016. Citing Floyd v. State, 155 So.3d 883, 890 (ΒΆ19) (Miss. Ct. App. 2014), Clay had unsuccessfully requested leave to claim that he was not a habitual offender because his three 1979 convictions should have been considered one conviction. Having previously warned ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.