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Ward v. State

Court of Appeals of Mississippi

December 12, 2017

DAVID WARD APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 08/24/2016

         RANKIN COUNTY CIRCUIT COURT, HON. JOHN HUEY EMFINGER TRIAL JUDGE.

          ATTORNEY FOR APPELLANT: DAVID WARD (PRO SE).

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: LAURA HOGAN TEDDER.

          BEFORE GRIFFIS, P.J., BARNES AND FAIR, JJ.

          FAIR, J.

         ¶1. David Ward appeals the Rankin County Circuit Court's judgment denying his motion for post-conviction relief. Finding Ward's motion successive-writ barred, we affirm the circuit court.

         FACTS

         ¶2. Ward was indicted for the possession of a firearm by a convicted felon pursuant to Mississippi Code Annotated section 97-37-5 (Rev. 2014). He was indicted as a habitual offender but agreed to a plea bargain in exchange for the State dropping the enhancement. On December 29, 2014, Ward filed his guilty-plea petition, in which he stated under oath that he wished to plead guilty because he willfully, feloniously, knowingly, and intentionally possessed a firearm when he had previously been convicted of a felony offense. The circuit court found that Ward's plea was given freely and voluntarily. As a result, Ward was sentenced to a term of ten years in the custody of the Mississippi Department of Corrections.

         ¶3. On March 28, 2016, Ward filed his first PCR motion. Ward contended that he was indicted by an illegally convened grand jury. Ward additionally alleged ineffective assistance of counsel. On May 27, 2016, the circuit court denied Ward's PCR motion. On June 10, 2016, Ward filed a second PCR motion, largely rehashing the same issues. On August 24, 2016, the circuit court also denied that motion. In response, Ward filed the instant appeal.

         STANDARD OF REVIEW

         ¶4. The circuit court may dismiss a PCR motion without an evidentiary hearing "if it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not entitled to any relief." Miss. Code Ann. § 99-39-11(2) (Rev. 2015). To succeed on appeal, the movant must: (1) make a substantial showing of the denial of a state or federal right and (2) show that the claim is procedurally alive. Young v. State, 731 So.2d 1120, 1122 (¶9) (Miss. 1999).

         ¶5. Our review of the summary dismissal of a PCR motion, a ...


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