OF JUDGMENT: 10/23/2017
COUNTY CIRCUIT COURT HON. MICHAEL M. TAYLOR TRIAL JUDGE.
ATTORNEY FOR APPELLANT: EARL BATES (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
JOSEPH SCOTT HEMLEBEN
GRIFFIS, P.J., BARNES AND CARLTON, JJ.
Earl Bates appeals the dismissal of his motion for
post-conviction collateral relief (PCCR). We find no error
and affirm. We additionally render sanctions in the amount of
$100 for the repetitive and frivolous filings of motions, to
be paid before Bates may file any subsequent motions.
AND PROCEDURAL HISTORY
In 1995, Bates was convicted in the Circuit Court of Pike
County of one count of murder and two counts of aggravated
assault. Bates was sentenced as a habitual offender pursuant
to Mississippi Code Annotated section 99-19-81 (Rev.
2014) to life for the murder conviction and
twenty years for each aggravated-assault conviction, to be
served consecutively to his life sentence.
In 1997, Bates's convictions and sentences were affirmed
on direct appeal. In the years following the affirmance,
Bates has filed numerous motions for PCCR in both the circuit
court and the supreme court.
On March 13, 2017, Bates filed an application for leave to
proceed in the circuit court. On May 5, 2017, the supreme
court entered an order dismissing Bates's request for
leave to proceed in the circuit court. Specifically, the
supreme court found that Bates's motion was untimely,
barred as a successive writ, and without merit. Despite the
dismissal, Bates filed his motion for PCCR in the circuit
court on June 19, 2017.
Bates filed another application for leave to proceed in the
circuit court on June 28, 2017. But on August 2, 2017, the
supreme court, once again, dismissed Bates's application.
On October 2, 2017, the circuit court dismissed Bates's
motion for PCCR for a lack of jurisdiction due to Bates's
failure to obtain leave. Bates timely appealed.
The State subsequently moved to dismiss Bates's appeal
and for sanctions due to his continued filing of frivolous
motions. Both the motion to dismiss and the motion for
sanctions were ...