JOSEPH PAUL PURVIS A/K/A JOSEPH P. PURVIS APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 06/17/2016
COUNTY CIRCUIT COURT HON. JOHN HUEY EMFINGER JUDGE
ATTORNEY FOR APPELLANT: BRENT M. BRUMLEY ATTORNEY FOR
APPELLEE: OFFICE OF THE
ATTORNEY GENERAL BY: KAYLYN HAVRILLA MCCLINTON
IRVING, P.J., BARNES AND WESTBROOKS, JJ.
Joseph Purvis appeals the Rankin County Circuit Court's
denial and dismissal of his motion for post-conviction relief
(PCR). Finding no error, we affirm.
OF FACTS AND PROCEDURAL HISTORY
In February 1995, Purvis was indicted for rape. The charge
stemmed from a blind date with the victim on New Year's
Eve of 1994. That night, Purvis was arrested and spent twelve
days in jail, when he was released on bond. Assigned a public
defender, Purvis was arraigned and pleaded not guilty to rape
on March 24, 1995. On the same date, an order set trial for
June 27, 1995. A bench warrant was issued for Purvis on June
16, 1995, with the handwritten notation "no bond!"
It is unclear from the record whether Purvis was taken into
custody at that point.
In July 1995, the case was continued until October 1995 due
to a congested docket. The record shows the case was
continued several times. In June 1996, Purvis's public
defender requested that Purvis's case be reassigned as he
had a conflict - counsel had represented the victim on a DUI
in the past and was then representing her in a civil matter.
In April 1997, the case was continued again to give the
parties additional time to investigate the facts and continue
plea negotiations. In May 1999, the case was set for trial in
June 1999. The record indicates a second bench warrant was
issued for Purvis in September 2000.
Purvis claims that he regularly checked in with his bond
company or counsel, but nothing was happening on his case.
Eventually, he stopped checking in. Then, on September 6,
2001, Purvis was arrested and taken to the Rankin County
jail. He was appointed counsel, who advised him that if he
pleaded guilty to sexual battery, the lesser-included charge
of rape, he could go free immediately. Purvis entered a
guilty plea on the same day, and received a suspended
sentence of seven years, with three years of supervised
probation. In October 2002, Purvis's probation status was
changed to unsupervised.
On April 27, 2016, Purvis filed a PCR motion claiming his
guilty plea was invalid and his counsel was ineffective.
Purvis contended that when he pleaded guilty to sexual
battery, he was not told that he would have to register as a
sex offender for life. Further, he argued that his counsel
did not advise him that the statute of limitations had run on
the sexual-battery charge, nor did counsel investigate his
case or request any discovery. Simultaneously, Purvis filed a
discovery motion for the evidence in the State's file,
which he claimed would prove that had his counsel requested
this evidence, he would have recommended Purvis reject the
On June 20, 2016, the trial court entered an order denying
and dismissing Purvis's PCR motion. The trial court
stated that because Purvis was no longer in custody under the
conviction and sentence of which he complained, he lacked
standing to bring his PCR motion; thus, the court lacked
jurisdiction. Additionally, the trial court noted
Purvis's motion was time-barred, and no
fundamental-rights exceptions applied. Finally, the trial
court ruled that Purvis's argument about a
statute-of-limitations defense was waived by entry of a
guilty plea. Purvis timely appealed.