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Miller v. State

United States District Court, N.D. Mississippi, Aberdeen Division

January 30, 2018

JAMIE L. MILLER PETITIONER
v.
THE STATE OF MISSISSIPPI and ATTORNEY GENERAL JIM HOOD RESPONDENTS

          ORDER OF DISMISSAL

          SHARION AYCOCK U.S. DISTRICT JUDGE

         Before the Court is Jamie L. Miller's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, and Respondents' motion to dismiss same for want of exhaustion.

         I

         Background

         Jamie Miller was indicted for possession of cocaine as a subsequent drug offender and habitual offender pursuant to Miss. Code Ann. § 41-29-147 and § 99-19-81, respectively. Doc. #18-1. On August 18, 2014, Miller pleaded guilty to possession of cocaine in the Circuit Court of Choctaw County, Mississippi. Doc. #18-2. The court sentenced Miller to serve a term of twenty-three years in the custody of the Mississippi Department of Corrections. Doc. #18-3.

         Thereafter, Miller filed various documents in both the Choctaw County Circuit Court and the Mississippi Supreme Court challenging his conviction and resulting sentence. On December 21, 2014, Miller signed a motion for post-conviction relief that was stamped “filed” in the Mississippi Supreme Court on December 31, 2014 (Cause No. 2014-M-1831). Doc. #18-4. By Order filed January 29, 2015, the Mississippi Supreme Court dismissed Miller's post-conviction motion without prejudice to his right to seek relief in the trial court pursuant to Miss. Code Ann. § 99-3-7. Doc. #18-5.

         On March 3, 2015, Miller filed a “Motion to Supplement” his motion for post-conviction relief with a “General Demurrer/Special Demurrer” challenging his indictment. Doc. #18-6. By Order filed on March 18, 2015, the Mississippi Supreme Court dismissed Miller's motion as moot, as the court previously dismissed Miller's motion for post-conviction relief without prejudice on January 29, 2015. Doc. #18-7.

         Miller pursued post-conviction relief in the trial court simultaneously with his post-conviction filings in the Mississippi Supreme Court. Miller's motion for post-conviction relief was signed on December 21, 2014, and stamped “filed” and docketed in the Choctaw County Circuit Court on December 30, 2014. Doc. #18-8 (Cause No. 2014-077-CV-L). By Order filed on April 16, 2015, the Choctaw County Circuit Court denied the post-conviction motion, which had been supplemented in the interim. Doc. #18-9 (Cause Nos. 2014-077-CV-L and 2015-011-CV-L). Miller did not seek to timely appeal this Order denying post-conviction relief.

         On April 23, 2015, Miller signed a motion for post-conviction relief that was stamped as “filed” in the Mississippi Supreme Court on April 28, 2015 (Cause No. 2014-M-1831). Doc. #18-10. By Order filed June 10, 2015, the Mississippi Supreme Court again dismissed Miller's post-conviction motion without prejudice to his ability to file it in the trial court. See Doc. #18-11.

         On June 22, 2015, Miller signed a motion for post-conviction relief that was stamped as “filed” and docketed in the Choctaw County Circuit Court on June 26, 2015 (Cause No. 2015-032-CV-L). Doc. #18-12. As of the date Respondents submitted the instant motion, Miller's post-conviction motion remains pending. Doc. #18-13.

         On July 6, 2016, Miller filed a motion in the Mississippi Supreme Court, to which he attached another copy of his motion or post-conviction relief and “Motion to Supplement” (Cause No. 2014-M-1831). Doc. #18-14. Thereafter, Miller subsequently twice moved (unsuccessfully) for free copies of his plea agreement in the trial court. Doc. #18-15. By Order filed on August 31, 2016, the Mississippi Supreme Court dismissed Miller's motion as an appeal of the trial court's Order denying post-conviction relief on April 16, 2016, finding that Miller's request to appeal the Order was untimely pursuant to Mississippi Rule of Appellate Procedure 4(a). Doc. #18-16.

         On June 7, 2017, Miller, proceeding pro se, filed the instant federal habeas petition raising the following grounds for relief:

Ground One: Ineffective Assistance of Counsel.
Ground Two: Miller claims that he was indicted for possession of cocaine but he was sentenced to prison for committing the ...

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