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McCoy v. State

Supreme Court of Mississippi

March 26, 2019

TIMOTHY ALLEN McCOY A/K/A TIMOTHY McCOY Petitioner
v.
STATE OF MISSISSIPPI Respondent

          ORDER

          ROBERT P. CHAMBERLIN, JUSTICE.

         Now 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.

         The 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, 2016.

         Since 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).

         In this 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 innocent.

         First, 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.

         Second, 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 442.

         We thus 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.

         McCoy 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).

         IT IS THEREFORE ORDERED that McCoy's "Petition for Post[-]Conviction Relief" is dismissed.

         IT IS FURTHER ORDERED that his Motion to Compel Production of All Evidence and the attached Petition for a Writ of Mandamus are denied.

         SO ORDERED.

          TO DISMISS PETITION AND ISSUE SANCTIONS WARNING: MAXWELL, BEAM, ...


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