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Bates v. State

Court of Appeals of Mississippi

November 13, 2018

EARL BATES APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 10/23/2017

          PIKE 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

          BEFORE GRIFFIS, P.J., BARNES AND CARLTON, JJ.

          GRIFFIS, P.J.

         ¶1. 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.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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)[1] to life for the murder conviction and twenty years for each aggravated-assault conviction, to be served consecutively to his life sentence.

         ¶3. 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.

         ¶4. 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.

         ¶5. 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.

         ¶6. 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.[2] Bates timely appealed.

         ¶7. 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 ...


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