OF JUDGMENT: 05/10/2017
COUNTY CIRCUIT COURT TRIAL JUDGE: HON. PRENTISS GREENE
ATTORNEY FOR APPELLANT: KEITH MAGEE (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
BILLY L. GORE
LEE, C.J., BARNES AND TINDELL, JJ.
Keith Magee, appearing pro se, appeals the Marion County
Circuit Court's summary dismissal of his motion for
post-conviction relief (PCR). Finding no error, we affirm.
AND PROCEDURAL HISTORY
On December 3, 2004, Magee was indicted by a Marion County
grand jury on the charge of capital murder under Mississippi
Code Annotated section 97-3-19(2)(e) (Rev. 2014). On January
18, 2008, Magee entered a plea of guilty to capital murder as
an accessory before the fact, and was sentenced to serve a
term of life imprisonment without eligibility for parole in
the custody of the Mississippi Department of Corrections.
On September 24, 2010, Magee filed his first PCR motion,
claiming that his life sentence without parole was illegal.
The trial court entered an order denying relief, and Magee
appealed. In November 2013, this Court issued a mandate
dismissing Magee's appeal for failure to file a brief.
Magee filed his second PCR motion on June 7, 2016, alleging
that his indictment failed to charge an essential element for
capital murder (intent to cause the death of the victim) and
ineffective assistance of counsel because his attorney failed
to advise him of his allegedly defective indictment.
Following this motion, on October 17, 2016, Magee filed a
document entitled "Amended Claims" to his PCR
motion. In this pleading, he raised two more
ineffective-assistance-of-counsel claims: failure to seek
dismissal of his case due to a speedy-trial violation, and an
involuntary plea and denial of due process because his
attorneys did not seek a competency examination and hearing
before Magee's guilty plea was accepted.
On January 6, 2017, the trial court entered an order
summarily dismissing Magee's motion, finding it
time-barred and successive, as well as without merit.
However, the trial court only addressed the claims raised in
Magee's June 2016 PCR motion, and not the "amended
claims." The trial court accordingly amended its order,
addressing his two "amended claims," and found them
without merit as well. Magee timely appealed, apparently
abandoning his defective-indictment claim, but arguing
against the procedural bar. He also claims he should have
been afforded a competency and evidentiary hearing and that
he suffered ineffective assistance of counsel related to the
This Court reviews a circuit court's denial or dismissal
of a PCR motion for an abuse of discretion. This Court
"will not disturb the trial court's factual findings
unless they are clearly erroneous." Purvis v.
State, 240 So.3d 468, 470 (¶7) (Miss. Ct. ...