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Smith v. State

Supreme Court of Mississippi

December 13, 2018

RONNIE SMITH A/K/A RONNIE EDWARD SMITH Petitioner
v.
STATE OF MISSISSIPPI Respondent

          ORDER

          JAMES D. MAXWELL II, JUSTICE

         Now before the en banc Court are (1) Ronnie Smith's Application to File a Post-Conviction Petition in the Trial Court and (2) his Motion for the Court to Convene a Quorum of Five (5) Justices to Decide Smith['s] Post[-]Conviction Petition for Collateral Relief.

         Smith filed this, his sixth application outside the three-year limitations period. Miss. Code Ann. § 99-39-5(2) (Rev. 2015). He raises one claim: that the elements instruction omitted venue.

         This Court will not consider venue questions raised for the first time in post-conviction proceedings. Order, Page v. State, 2013-M-01645 (Miss. Dec. 17, 2015) (citing Order, Mason v. State, 2015-M-00423 (Miss. Oct. 22, 2015)); Moreno v. State, 79 So.3d 508, 511 (Miss. 2012). As in Page and Mason, proof of venue here was more than sufficient: The victim was found stabbed to death in his kitchen, and a crime-scene investigator testified that the victim's residence was in the First Judicial District of Hinds County.

         After due consideration, we find the application should be dismissed. In addition, we find the quorum motion should be dismissed as moot.

         In 2014, Smith was warned that "any future filings deemed frivolous may result in the imposition of sanctions." Order, Smith v. State, 2014-M-00117 (Miss. Feb. 19, 2014). Then in 2017, he was sanctioned $100 and warned that "future filings deemed frivolous may result not only in additional monetary sanctions, but also in restrictions on his filing applications for post-conviction collateral relief (or pleadings in that nature) in forma pauperis. Order, Smith v. State, 2013-M-00205 (Miss. Sept. 27, 2017) (citing Order, Bownes v. State, 2014-M-00478 (Miss. Sept. 20, 2017)).

         After due consideration, we do not find Smith's petition to be frivolous. But as we have in the past, we continue to warn Smith 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. Order, Dunn v. State, 2016-M-01514 (Miss. Nov. 15, 2018).

         IT IS THEREFORE ORDERED that the application is dismissed.

         IT IS FURTHER ORDERED that the quorum motion is dismissed as moot.

         SO ORDERED.

          TO DISMISS APPLICATION: WALLER, C.J., KITCHENS, P.J., KING, COLEMAN, MAXWELL, BEAM, CHAMBERLIN, AND ISHEE, JJ.

          TO DENY APPLICATION: RANDOLPH, P.J.

          TO DISMISS QUORUM MOTION AS MOOT: WALLER, C.J., RANDOLPH AND KITCHENS, P.JJ., ...


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