OF JUDGMENT: 02/07/2018
HARRISON COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT TRIAL
JUDGE: HON. ROGER T. CLARK TRIAL COURT ATTORNEYS: JOEL SMITH
ATTORNEY FOR APPELLANT: KEITH LADALE PORTER (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
JEFFREY A. KLINGFUSS
J. WILSON, P.J., GREENLEE AND McCARTY, JJ.
The Harrison County Circuit Court dismissed Keith
Porter's third motion for post- conviction relief (PCR).
Porter appeals, asserting: (1) his
ineffective-assistance-of-counsel claim overcomes the
procedural bar; and (2) two letters from the Harrison County
Circuit Clerk qualify as newly discovered evidence and
overcome the procedural bar. We affirm the circuit
court's order and find that the PCR motion was properly
AND PROCEDURAL HISTORY
A Harrison County grand jury indicted Porter in November 2015
for armed robbery. Another grand jury indicted him in July
2016 for drive-by-shooting and unlawful possession of firearm
or weapon by a convicted felon. Porter pled guilty to armed
robbery and unlawful possession in March 2017. The Harrison
County Circuit Court sentenced him to serve twenty-five years
with twenty years suspended for armed robbery and ten years
for unlawful possession. His sentences were to run
concurrently with each other, in the custody of the
Mississippi Department of Corrections (MDOC), and with five
years of non-reporting post-release supervision.
Porter's history of filings in this Court and other state
courts is voluminous.
In October 2016, Porter filed a pro se document titled
"Insufficient Counsel and Failure to be Granted my
Motion of Discovery." Our supreme court denied relief.
Porter v. State, 2016-M-01517 at *1 (Miss. Nov. 28,
2016). He directly appealed his plea of guilty to armed
robbery and unlawful possession in April 2017, and we
dismissed the appeal without prejudice for lack of
jurisdiction. Porter v. State, 2017-TS-00522-COA at
*1 (Miss. Ct. App. June 6, 2017).
Porter first filed for PCR in August 2017. The circuit court
denied his petition, finding that he waived his
ineffective-assistance-of-counsel claim when he pled guilty.
The court noted that "[w]ithout the plea agreements,
Porter faced three years to life in MDOC custody," and
that his voluntarily made plea significantly lowered his
potential prison time. He appealed the order, but later moved
for voluntary dismissal. We granted the dismissal in March
2018. Porter v. State, 2017-TS-01623-COA at *1
(Miss. Ct. App. Mar. 8, 2018).
moved again for PCR in August 2017, specifically challenging
his guilty plea to unlawful possession. He asserted that his
habitual-offender status was not adequately proven and that
his counsel was ineffective. And again the circuit court
denied his petition, finding his claims waived after his
guilty plea. Porter appealed, but his case was dismissed
after he failed to file a brief. Porter v. State,
2018-CP-00187-COA at *1 (Miss. Ct. App. Aug. 7, 2018);
see M.R.A.P. 2(a)(2).
This is an appeal of the circuit court's February 7, 2018
dismissal of Porter's third PCR motion. The circuit court
determined that it was a successive filing. But Porter
argues: (1) his ineffective-assistance-of-counsel claim
overcomes the procedural bar; and (2) two letters from the
Harrison County Circuit Clerk qualify as newly ...