MICHAEL K. RANDOLPH, PRESIDING JUSTICE
before the en banc Court is Montrell Jordan's Application
for Leave to File Second Motion for Post-Conviction Relief.
The State of Mississippi's response is also before us.
filed this, his second, application outside the three-year
statute of limitations. He claims trial and appellate counsel
were ineffective for three reasons.
Jordan says trial counsel's undisclosed romantic
relationship with the State's chief investigator and key
trial witness created an actual conflict of interest. Jordan
raised this argument in his first application and in federal
habeas proceedings. Jordan v. Epps, No.
3:09CV544-DPJ-FKB, 2012 WL 5997046, at **13-15 (S.D.Miss.
Aug. 8, 2012), report and recommendation adopted,
No. 3:09CV544-DPJ-FKB, 2012 WL 5997024 (S.D.Miss. Nov. 30,
Second, Jordan argues trial counsel was ineffective for
failing to object to reversible prosecutorial misconduct.
Jordan raised this claim in federal habeas proceedings.
Jordan, 2012 WL 5997046, at *16, report and
recommendation adopted, 2012 WL 5997024 (S.D.Miss. Nov.
Jordan asserts appellate counsel was ineffective for failing
to cite authority or the record, which resulted in a
due consideration, we find the first and second claims are
barred by the doctrine of res judicata. Crawford v.
State, 218 So.3d 1142, 1152-55, 1161 (Miss. 2016);
Gilliard v. State, 614 So.2d 370, 373 (Miss. 1992).
Notwithstanding the res judicata bar, we find all three
claims are insufficient to surmount the time, waiver, and
successive-writs bars. See Bevill v. State, 669
So.2d 14, 17 (Miss. 1996).
THEREFORE ORDERED that the application is denied.
DENY: RANDOLPH, P.J., COLEMAN, MAXWELL, BEAM, CHAMBERLIN AND
KITCHENS, P.J., OBJECTS TO THE ORDER WITH SEPARATE WRITTEN
STATEMENT JOINED BY KING, J.
WALLER, C.J., NOT PARTICIPATING.
TO THE ORDER WITH ...