BILLY RAY DUNAWAY A/K/A BILLY RAY DUNNAWAY A/K/A BILLY DUNAWAY APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 10/17/2017
COUNTY CIRCUIT COURT TRIAL JUDGE: HON. MICHAEL M. TAYLOR
ATTORNEY FOR APPELLANT: BILLY RAY DUNAWAY (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL SCOTT
J. WILSON, P.J., GREENLEE AND McCARTY, JJ.
This is an appeal from the Pike County Circuit Court's
denial of Billy Ray Dunaway's motion for post-conviction
relief (PCR) as meritless. Finding no error, we affirm.
AND PROCEDURAL HISTORY
Eighteen-year-old Edward Lloyd Hux (Hux) visited his mother
at her work one evening. She tended bar at a local place, and
her boyfriend, Billy Ray Dunaway (Dunaway), had driven Hux to
see her. When they left, Hux's mother asked Dunaway to
let Hux drive because Dunaway was clearly drunk. Dunaway
adamantly refused, and after having driven only a short
distance, he swerved into oncoming traffic. His truck flipped
and threw Dunaway from his seat to the road. But Hux's
body was pinned underneath the wreckage.
Emergency vehicles took both men to a nearby hospital. Soon
after their arrival, doctors pronounced Hux dead.
A Pike County jury found Dunaway guilty of vehicular
homicide. The circuit court amended his indictment, sentenced
him as a habitual offender to twenty-five years in the
custody of the Mississippi Department of Corrections, and
ordered him to pay a $10, 000 fine.
Dunaway appealed. He challenged the sufficiency of the
evidence and alleged that the circuit court erred in
admitting certain evidence. This Court found no error and
affirmed his conviction and sentence. Dunaway v.
State, 919 So.2d 67, 69 (¶2) (Miss. Ct. App. 2005).
Our supreme court then dismissed his petition for certiorari.
Dunaway v. State, 920 So.2d 1008 (Miss. 2005). The
mandate issued in February 2006.
Next, Dunaway filed for leave to seek post-conviction relief
in the trial court. The Mississippi Supreme Court denied him
leave. He filed again, and the supreme court found his
application procedurally barred from consideration as
successive under section 99-39-27(9) of the Mississippi Code
Annotated (Rev. 2000).
Nonetheless, Dunaway filed a petition for an order to show
cause or, in the alternative, for a writ of habeas corpus.
The Pike County Circuit Court denied his petition, and
Dunaway appealed. Our Court affirmed the circuit court's
decision but determined that because Dunaway had been denied
permission from the Mississippi Supreme Court, the circuit
court should have dismissed ...