JESS LEE GREEN A/K/A JESS GREEN A/K/A JESS L. GREEN APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 09/25/2017
JACKSON COUNTY CIRCUIT COURT HON. DALE HARKEY, JUDGE
ATTORNEY FOR APPELLANT: JESS LEE GREEN (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL
Jess Green, appearing pro se, appeals the judgment of the
Circuit Court of Jackson County, which dismissed with
prejudice his motion for post-conviction relief (PCR).
Finding no error, we affirm.
AND PROCEDURAL HISTORY
In January 2008, a Jackson County grand jury charged Green in
two multi-count indictments related to crimes against two
different victims-Helen Brown and Mary Smith. In cause number
2007-11, 197(3), Green was charged with two counts of
kidnapping, two counts of sexual battery, and one count of
armed robbery for his abduction of Brown and her infant
daughter from the Walmart parking lot in Ocean Springs,
Mississippi, on June 30, 2007. Green forced himself into
Brown's vehicle and told her to drive to a secluded area
where he displayed a handgun and forced her to have oral and
vaginal sex. Brown's child was in the back seat. Green
then took Brown's cell phone to prevent her from calling
For a similar incident two days later, Green was charged in
cause number 2007-11, 198(1) with one count of kidnapping,
one count of armed robbery, and one count of attempted sexual
battery for his abduction of Smith from the same Walmart
parking lot. At the plea hearing, the prosecutor relayed the
factual basis for these charges:
[I]t's alleged that the defendant, Jess Lee Green, on
July 2, 2007, at Walmart in Jackson County, Mississippi,
kidnapped [Smith] by holding her against her will, made her
get into her car and drive to a secluded area. He on that day
also armed robbed her, had a handgun, put her in fear of
immediate injury and took money and a cell phone from her and
there was an attempted sexual battery on that day. She was
able to escape from the car and left the scene.
On August 4, 2008, Green pleaded guilty to all of the charges
against both victims in both indictments. Green was sentenced
to thirty years in the custody of the Mississippi Department
of Corrections for each offense with the sentences to run
In July 2015, Green filed a PCR motion challenging all of the
convictions in both indictments. The trial court ultimately
denied all of the claims of Green's PCR motion, finding
they were time-barred and lacked merit, and dismissed his
motion with prejudice. Green appealed.
In October 2016, while his appeal was pending in this Court
and approximately three months after the trial court denied
and dismissed his first PCR motion, Green filed the instant
PCR motion. Unlike his first PCR motion, this motion
challenged only the convictions related to Smith in cause
number 2007-11, 198(1). He argued that there was no factual
basis to accept his guilty plea for the charges, and the
trial court erred in failing to conduct a competency hearing
after the judge remarked at the sentencing hearing that Green
must have "some kind of mental problem" to commit
such "outrageous" crimes.
On September 19, 2017, this Court affirmed the trial
court's denial of his first PCR motion in Green v.
State (Green I), 242 So.3d 176 (Miss. Ct. App.
2018). This Court agreed with the trial court that the ...