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Magee v. State

Court of Appeals of Mississippi

August 21, 2018

KEITH MAGEE A/K/A KEITH QUINN A/K/A DUDE APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 05/10/2017

          MARION COUNTY CIRCUIT COURT TRIAL JUDGE: HON. PRENTISS GREENE HARRELL Judge

          ATTORNEY FOR APPELLANT: KEITH MAGEE (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE

          BEFORE LEE, C.J., BARNES AND TINDELL, JJ.

          BARNES, JUDGE

         ¶1. 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.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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.

         ¶3. 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.

         ¶4. 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.

         ¶5. 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 speedy-trial issue.

         STANDARD OF REVIEW

         ¶6. 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 (ΒΆ7) (Miss. Ct. ...


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