OF JUDGMENT: 08/24/2016
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.
GRIFFIS, P.J., BARNES AND FAIR, JJ.
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.
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
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.
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).
Our review of the summary dismissal of a PCR motion, a