Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Chandler v. State

Supreme Court of Mississippi

March 12, 2019

MARCUS CHANDLER Petitioner
v.
STATE OF MISSISSIPPI Respondent

          EN BANC ORDER

          MICHAEL K. RANDOLPH, CHIEF JUSTICE

         Before the Court is Marcus Chandler's Application for Leave to Proceed in the Trial Court. The instant application is Chandler's third application for post-conviction relief. Here, he asserts that his indictment failed to properly charge deliberate-design murder.

         After due consideration, the Court finds that Chandler's application is subject to the time bar. Miss. Code Ann. § 99-39-5 (Rev. 2015). Moreover, Chandler has had two previous petitions for post-conviction relief denied by the Court. Therefore, the instant application is also successive. Miss. Code Ann. § 99-39-27 (Rev. 2015). Notwithstanding the procedural bars, the Court finds that Chandler's argument is without merit. For these reasons, Chandler's application should be denied.

         On November 28, 2018, this Court warned Chandler that future filings deemed frivolous could result in sanctions, including monetary sanctions or restrictions on filing applications for post-conviction relief (or pleadings in that nature) in forma pauperis. The Court finds that the instant filing is frivolous and that Chandler should be restricted from filing further petitions for post-conviction collateral relief (or pleadings in that nature) in forma pauperis related to this conviction and sentence.

         IT IS THEREFORE ORDERED that Marcus Chandler's Application for Leave to Proceed in the Trial Court is hereby denied.

         IT IS FURTHER ORDERED that Marcus Chandler is hereby restricted from filing further petitions for post-conviction relief (or pleadings in that nature) related to this conviction and sentence in forma pauperis. The Clerk of this Court shall not accept for filing any further petitions for post-conviction collateral relief (or pleadings in that nature) in forma pauperis from Chandler related to this conviction and sentence.

         SO ORDERED

          TO DENY AND ISSUE SANCTIONS: RANDOLPH, C.J., MAXWELL, BEAM, ISHEE AND GRIFFIS, JJ.

          TO DISMISS AND ISSUE SANCTIONS: CHAMBERLIN, J.

          TO DENY: KITCHENS AND KING, P.JJ., AND COLEMAN, J.

          KING, PRESIDING JUSTICE, OBJECTING TO THE ORDER IN PART WITH SEPARATE WRITTEN STATEMENT:

         ¶1. Today, this Court prioritizes efficiency over justice and bars Marcus Chandler from its doors. Because the imposition of monetary sanctions against indigent defendants and the restriction of access to the court system serve only to punish those defendants and to violate rights guaranteed by the United States and Mississippi Constitutions, I strongly oppose this Court's order restricting Chandler from filing further petitions for post-conviction collateral relief in forma pauperis.

         ¶2. This Court seems to tire of reading motions that it deems "frivolous" and imposes monetary sanctions on indigent defendants. The Court then bars those defendants, who in all likelihood are unable to pay the imposed sanctions, from future filings. In choosing to prioritize efficiency over justice, this Court forgets the oath that each justice took before assuming office. That oath stated in relevant part, "I . . . solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich. . . ." Chandler has filed a mere two prior petitions for post-conviction relief since 2003. Yet this Court now deems the frequency of Chandler's filing to be too onerous a burden and decides to restrict Chandler from filing subsequent applications for post-conviction collateral relief. See In re McDonald, 489 U.S. 180, 186-87, 109 S.Ct. 993, 997, 103 L.Ed.2d 158 (1989) (Brennan, J., dissenting) ("I continue to find puzzling the Court's fervor in ensuring that rights granted to the poor are not abused, even when so doing actually increases the drain on our limited resources.").

         ¶3. Article 3, section 25, of the Mississippi Constitution provides that "no person shall be debarred from prosecuting or defending any civil cause for or against him or herself, before any tribunal in the state, by him or herself, or counsel, or both." Miss. Const. art. 3, § 26 (emphasis added). Mississippi Code Section 99-39-7 provides that actions under the Uniform Post-Conviction Collateral Relief Act are civil actions. Miss. Code Ann. ยง 99-39-7 (Rev. 2015). Therefore, this State's Constitution grants unfettered access in civil causes to any tribunal in the State. The ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.