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Young v. State

Supreme Court of Mississippi

April 4, 2019

PHILLIP EARL YOUNG Petitioner
v.
STATE OF MISSISSIPPI Respondent

          EN BANC ORDER

          DAWN H. BEAM, JUSTICE.

         This matter is before the Court on Phillip Earl Young's "Motion to Correct and a Certiorari Review." The filing is in the nature of an application for leave to file a motion for post-conviction relief in the trial court.

         Young's felony evasion and automobile burglary convictions and sentences were affirmed on appeal, and the mandate issued on May 10, 2012. Young v. State, 86 So.3d 261 (Miss. Ct. App. 2011), cert. denied, 94 So.3d 290 (Miss. April 19, 2012). The present filing, Young's fourth motion for leave to proceed in the trial court, is time barred and is barred as a successive writ. Miss. Code Ann. §§ 99-39-5(2), 99-39-23(6) (Rev. 2015). Young also attempts to attack two judgments in the same motion; thus, Young's claims regarding his separate carjacking conviction should be dismissed. See Miss. Code Ann. § 99-39-9(2) (Rev. 2015).

         Young argues his counsel was ineffective for failing to request a pretrial hearing, failing to request a bifurcated trial, and failing to confront witnesses. He also challenges his sentence as a habitual offender. The issues were raised previously and are barred from review. See Miss. Code Ann. § 99-39-21(3) (Rev. 2015). Young also raises a new claim, arguing the Court confused his petition for writ of certiorari with another appellant's case. This claim is without merit.

         Young fails to raise an arguable basis for his claims to surmount the procedural bars. Means v. State, 43 So.3d 438, 442 (Miss. 2010); Bevill v. State, 669 So.2d 14, 17 (Miss. 1996). Thus, the panel finds Young's motion should be dismissed as procedurally barred.

         In its order denying Young's last application, we warned him that "future filings deemed frivolous may result not only in monetary sanctions, but also restrictions on filing applications for post-conviction collateral relief (or pleadings in that nature) in forma pauperis." Order, Young v. State, 2013-M-00012 (Miss. May 30, 2018) (citing Order, Fairley v. State, 2014-M-01185 (Miss. May 3, 2018)). We find that this filing is frivolous and that Young should be restricted from filing further applications for post-conviction collateral relief (or pleadings in that nature) that are related to this conviction and sentence in forma pauperis. See Order, Walton v. State, 2009-M-00329 (Miss. Apr. 12, 2018).

         IT, THEREFORE, IS ORDERED that Phillip Earl Young's "Motion to Correct and a Certiorari Review" is hereby dismissed.

         IT IS FURTHER ORDERED that Young is hereby restricted from filing further applications for post-conviction collateral relief (or pleadings in that nature) that are related to this conviction and sentence in forma pauperis. The Clerk of this Court shall not accept for filing any further applications for post-conviction collateral relief (or pleadings in that nature) from Young that are related to this conviction and sentence unless he pays the applicable docket fee.

         SO ORDERED.

          TO DISMISS AND ISSUE SANCTIONS: BEAM, CHAMBERLIN, AND ISHEE, JJ.

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

          TO DENY AND ISSUE SANCTIONS WARNING: COLEMAN, J.

          TO DISMISS: KITCHENS AND KING, P.JJ.

          KING, P.J., OBJECTS TO THE ORDER WITH SEPARATE WRITTEN STATEMENT ...


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