DARRYL MIXON A/K/A DARRELL MIXON A/K/A DARYL MIXON A/K/A LARRY WILLIAMS A/K/A REGINALD WELLS Petitioner
STATE OF MISSISSIPPI Respondent
D. MAXWELL II, JUSTICE.
before the Court, en banc, is Darryl Mixon's Petition for
Extraordinary Writ Seeking Collateral Relief.
filed this, his fifth, application for leave to seek
post-conviction relief outside the three-year limitations
period. Miss. Code. Ann. § 99-39-5(2). He raises three
issues: (1) the trial court lacked jurisdiction because there
was no "formal complainant"; (2) actual innocence;
and (3) disproportionate sentence.
due consideration, we find the following.
first claim does not meet any recognized exception to the
time, waiver, and successive-writ bars. Rowland v.
State, 98 So.3d 1032, 1034-36 (Miss. 2012),
overruled on other grounds by Carson v. State, 212
So.3d 22 (Miss. 2016); Bell v. State, 123 So.3d 924,
924-25 (Miss. 2013); see also Boyd v. State, 155
So.3d 914, 918 (Miss. Ct. App. 2014) ("[S]ince
Rowland, only four types of 'fundamental
rights' have been expressly found to survive PCR
procedural bars: (1) double jeopardy; (2) illegal sentence;
(3) denial of due process at sentencing; and (4) ex post
facto claims."). Even if it did, it lacks any arguable
basis to overcome those bars. Means v. State, 43
So.3d 438, 442 (Miss. 2010).
an actual-innocence claim can constitute an exception to the
time bar. See Lee v. State, 78 So.3d 330, 332 (Miss.
2012); see also Sneed v. State, 85 So.3d 298, 300
(Miss. Ct. App. 2012). Yet Mixon's claim is insufficient
to overcome either that bar or the waiver and successive-writ
an illegal-sentence claim is a recognized exception to the
bars. Rowland, 98 So.3d at 1034-36. Mixon's
claim, however, lacks any arguable basis.
was previously sanctioned $100 for filing a frivolous
application for leave to seek post-conviction collateral
relief. Order, Mixon v. State, 2013-M-01425 (Miss.
July 20, 2016). We find this filing is frivolous. Mixon is
hereby warned that future filings deemed frivolous may result
not only in additional monetary sanctions, but also
restrictions on filing applications for post-conviction
collateral relief (or pleadings in that nature) in forma
pauperis. En Banc Order, Dunn v. State, 2016-M-01514
(Miss. Nov. 15, 2018); En Banc Order, Fairley v.
State, 2014-M-01185 (Miss. May 3, 2018) (citing Order,
Bownes v. State, 2014-M-00478 (Miss. Sept. 20,
THEREFORE ORDERED that the petition is dismissed.
WALLER, C.J., RANDOLPH, P.J., MAXWELL, BEAM, CHAMBERLIN AND
COLEMAN, J., AGREES IN RESULT ONLY WITHOUT SEPARATE WRITTEN
JUSTICE, OBJECTING TO THE ORDER IN PART WITH SEPARATE WRITTEN
Although Darryl Mixon's application for post-conviction
relief does not merit relief, I disagree with this
Court's contention that the ...