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Williams v. State

Court of Appeals of Mississippi

April 3, 2018

WILLIE LEE WILLIAMS A/K/A BLACK BILL A/K/A WILLIE WILLIAMS APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 10/26/2016

          MARION COUNTY CIRCUIT COURT HON. ANTHONY ALAN MOZINGO

          ATTORNEY FOR APPELLANT: WILLIE LEE WILLIAMS (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: ALICIA MARIE AINSWORTH

         EN BANC.

          TINDELL, J.

         ¶1. Willie Lee Williams appeals his unsuccessful motion to vacate his sentence which the Marion County Circuit Court denied on the basis that it was barred as a subsequent motion for postconviction relief (PCR). Because Williams's PCR motion was frivolous, time-barred, and successive-writ barred, we affirm the trial court's judgment. Additionally, this is Williams's eighth PCR motion and, as of this opinion, his fourth case resolved as contemplated by Mississippi Code Annotated section 47-5-76(1) (Rev. 2015). We take judicial notice that past sanctions of $100 and $200, even with his averred indigent status, have done little to deter Williams's abuse of judicial time and resources. As a result, we sanction Williams in the amount of $1, 000 and prohibit him from filing further PCR motions in forma pauperis pursuant to the mandates of section 47-5-76(1).

         FACTS

         ¶2. The facts and procedural history preceding this PCR motion were succinctly set forth by the Mississippi Supreme Court in Williams v. State, 794 So.2d 181 (Miss. Ct. App. 2001) (overruled on other grounds, by Brown v. State, 995 So.2d 698, 703 (¶20) (Miss. 2008)) and by this Court in Williams v. State, 98 So.3d 484 (Miss. Ct. App. 2012). In summary, after indictment and a jury trial in 1999 and a later resentencing upon remand, Williams remains in the custody of the Mississippi Department of Corrections serving a sixty-year sentence for the sale or transfer of a controlled substance with enhanced sentencing as a habitual offender. In 2012, Williams's second PCR was found to be frivolous and resolved as contemplated by section 47-5-76(1). Williams, 98 So.3d at 489 (¶18). Since then, the Mississippi Supreme Court has entered two separate orders sanctioning Williams for frivolous filings. Williams v. State, 2013-M-00563. This appeal stems from his eighth PCR motion. Williams recasts another version of his prior claims that he has been unconstitutionally convicted and sentenced as a habitual offender. He claims that Armstead v. State, 196 So.3d 913 (Miss. 2016), is an intervening decision that affects his outcome and overrules a holding in his case. He also claims his presence at resentencing was required and requests eligibility for parole.

         STANDARD OF REVIEW

         ¶3. A trial court's denial of a PCR motion will not be reversed unless it is found to be clearly erroneous. Hughes v. State, 106 So.3d 836, 838 (¶4) (Miss. Ct. App. 2012). The trial court's legal conclusions, however, are reviewed under a de novo standard of review. Id.

         DISCUSSION

         I. Failure to Seek Leave to Proceed

         ¶4. Initially we note the record contains no order from the Supreme Court granting Williams leave to file his current PCR motion with the circuit court. Mississippi case law establishes that fact alone deprived the circuit court of jurisdiction to reach the merits of Williams's PCR Motion. See Williams v. State, 98 So.3d at 487 (ΒΆ8). ...


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