P. CHAMBERLIN, JUSTICE.
before the en banc Court are Timothy Allen McCoy's
"Petition for Post[-]Conviction Relief" and his
Motion to Compel Production of All Evidence, with a Petition
for a Writ of Mandamus attached.
Court of Appeals affirmed McCoy's convictions and
sentences. McCoy v. State, 205 So.3d 687, 689 (Miss.
Ct. App. 2016). This Court denied his petition for a writ of
certiorari, Order, McCoy v. State, 2013-CT-02126-SCT
(Miss. Dec. 8, 2016), and the mandate issued on December 29,
then, McCoy has filed one application for leave to seek
post-conviction relief in the trial court. Order, McCoy
v. State, 2017-M-01735 (Miss. May 3, 2018) (dismissing
in part and denying in part).
petition, McCoy raises three issues: (1) trial and appellate
counsel were ineffective; (2) he was denied counsel at a
critical stage in the proceedings; and (3) appellate counsel
was ineffective for failing to argue that he was actually
ineffective assistance of counsel can constitute an exception
to the waiver and successive-writ bars. Chapman v.
State, 167 So.3d 1170, 1174-75 (Miss. 2015); Bevill
v. State, 669 So.2d 14, 17 (Miss. 1996); see also
Brown v. State, 187 So.3d 667, 671 (Miss. Ct. App.
2016). To be excepted, however, the claim must have some
arguable basis. Means v. State, 43 So.3d 438, 442
(Miss. 2010). We find that McCoy's claims lack any
arguable basis to warrant relief.
McCoy's denial-of-counsel-at-a-critical-stage claim does
not meet any recognized exception to the waiver or
successive-writ bars. Chapman, 167 So.3d at 1174-75;
Smith v. State, 149 So.3d 1027, 1031-32 (Miss.
2014), overruled on other grounds by Pitchford v.
State, 240 So.3d 1061 (Miss. 2017); Bell v.
State, 123 So.3d 924, 925 (Miss. 2013); Rowland v.
State, 98 So.3d 1032, 1035-36 (Miss. 2012),
overruled on other grounds by Carson v. State, 212
So.3d 22 (Miss. 2016); see also Bevill, 669 So.2d at
17; Brown, 187 So.3d at 671; but see Crawford v.
State, 218 So.3d 1142, 1153-55, 1161 (Miss. 2016). And
even if McCoy's claim met such an exception, we find that
it lacks any arguable basis. See Means, 43 So.3d at
find that McCoy's Petition for Post-Conviction Relief
should be dismissed. We further find that his Motion to
Compel Production of All Evidence, along with the attached
Petition for a Writ of Mandamus, should be denied.
is hereby warned that any future filings deemed frivolous may
result not only in monetary sanctions, but also in
restrictions on filing applications for post-conviction
collateral relief (or pleadings in that nature) in forma
pauperis. See Order, Dunn v. State,
2016-M-01514 (Miss. Nov. 15, 2018).
THEREFORE ORDERED that McCoy's "Petition for
Post[-]Conviction Relief" is dismissed.
FURTHER ORDERED that his Motion to Compel Production of All
Evidence and the attached Petition for a Writ of Mandamus are
DISMISS PETITION AND ISSUE SANCTIONS WARNING: MAXWELL, BEAM,