JUSTIN S. HILL A/K/A JUSTIN SCOTT HILL A/K/A ECKSTIEN A/K/A JUSTIN HILL APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 12/13/2016
COUNTY CIRCUIT COURT HON. JAMES SETH ANDREW POUNDS TRIAL
ATTORNEY FOR APPELLANT: JUSTIN S. HILL (PRO SE)
ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
LISA L. BLOUNT JOSEPH SCOTT HEMLEBEN
GRIFFIS, P.J., FAIR AND TINDELL, JJ.
Justin Hill appeals the Alcorn County Circuit Court's
denial of his petition for postconviction relief (PCR).
Finding no error, we affirm.
On May 7, 2009, a grand jury indicted Hill in cause number
CR09-066 of Count I, the depraved-heart (second-degree)
murder of William Marion, and Count II, leaving the scene of
an accident. See Miss. Code Ann. §§
97-3-19(1)(b) (Rev. 2006), 63-3-401 (Rev. 2004), 63-3-405
(Rev. 2004). As part of a plea agreement, Count I was reduced
to culpable-negligence manslaughter. On November 1, 2010,
Hill pled guilty in cause number CR09-066 to both
culpable-negligence manslaughter and leaving the scene of an
accident. The circuit court sentenced Hill to twenty years in
the custody of the Mississippi Department of Corrections
(MDOC) for Count I and to a consecutive five-year sentence
for Count II. The circuit court fined Hill $1, 000 for each
count. On the same day, Hill also pled guilty by criminal
information in cause number CR10-302 to DUI mutilation
arising out of the same car accident for injuries suffered by
William's wife, Susan Marion. For the DUI-mutilation
charge, the circuit court sentenced Hill to twenty-five years
in MDOC's custody, with the sentence to run consecutively
to Hill's prior sentences.
On October 22, 2013, Hill filed his first PCR petition, which
the circuit court denied. On October 7, 2016, Hill filed a
"Petition for Correction of Sentence," in which he
asserted that his sentences in cause numbers CR09-066 and
CR10-302 violated his right against double jeopardy. In its
December 13, 2016 order, the circuit court treated Hill's
filing as a PCR petition. The circuit court found Hill's
instant PCR petition was both successive-writ barred and
time-barred. Notwithstanding these procedural bars, the
circuit court found no merit to Hill's double-jeopardy
claim. The circuit court therefore denied Hill's PCR
Aggrieved, Hill appeals.
"When reviewing a trial court's denial or dismissal
of a PCR motion, we will only disturb the trial court's
factual findings if they are clearly erroneous; however, we
review the trial court's legal conclusions under a de
novo standard of review." Bass v. State, 237
So.3d 172, 173 (¶4) (Miss. Ct. App. ...