CRAYTONIA LATROY BADGER A/K/A CRAYTONIA BADGER A/K/A CRAYTONIA L. BADGER APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 11/01/2016
COUNTY CIRCUIT COURT HON. LAMAR PICKARD
ATTORNEY FOR APPELLANT: CRAYTONIA LATROY BADGER (PRO SE).
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BARBARA WAKELAND BYRD.
LEE, C.J., BARNES AND CARLTON, JJ.
Craytonia Badger appeals the Copiah County Circuit
Court's dismissal of his motion for postconviction relief
(PCR) as time-barred. Finding no error, we affirm.
On November 10, 2009, a jury found Badger guilty of the
burglary of a business. On November 23, 2009, the circuit
court sentenced Badger as a habitual offender to life
imprisonment in the custody of the Mississippi Department of
Corrections (MDOC) without the possibility of parole. By
order entered July 13, 2010, this Court remanded the case for
a rehearing. Upon rehearing, the circuit court found that the
State failed to meet the burden of proof required to sentence
Badger as a habitual offender. As a result, on September 16,
2010, the circuit court entered an order vacating
Badger's life sentence and resentencing him to seven
years in MDOC's custody. Badger was released from
MDOC's custody in July 2014.
On October 31, 2016, Badger filed the instant PCR motion. In
his motion, Badger asserted (1) the State withheld evidence
from the defense that would have proven his innocence; and
(2) his trial attorney provided ineffective assistance of
counsel. On November 2, 2016, the circuit court dismissed
Badger's PCR motion as time-barred. Aggrieved, Badger
appeals. On appeal, he reasserts his argument that the State
withheld exculpatory evidence from the defense. He also
argues that the circuit court erroneously denied his request
for the jurors' personal information.
"When reviewing a trial court's denial or dismissal
of a PCR motion, we will only disturb the trial court's
decision if it is clearly erroneous; however, we review the
trial court's legal conclusions under a de novo standard
of review." Thinnes v. State, 196 So.3d 204,
207-08 (¶10) (Miss. Ct. App. ...