EN BANC ORDER
H. BEAM, JUSTICE.
before the Court, en banc, comes the application for leave to
file a motion for post-conviction relief filed pro
se by Joseph Stevenson. Stevenson's conviction of
statutory rape and sentence of life in the custody of the
Mississippi Department of Corrections was affirmed on direct
appeal. Stevenson v. State, 13 So.3d 314 (Miss. Ct.
App. 2008). This Court denied Stevenson's petition for
writ of certiorari, and the mandate issued on August 20,
2009. Stevenson v. State, 14 So.3d 731 (Miss. 2009).
Stevenson's third application for leave to pursue
post-conviction relief in the trial court. The first was
dismissed as time-barred on June 2, 2015. The second was
dismissed as time-barred and successive, without exception,
on June 15, 2017. Likewise, the instant application for leave
is time-barred and successive, and it is not within any of
the statutory exceptions. Miss. Code Ann. §§
99-39-5(2), 99-39-27(9) (Rev. 2015). Notwithstanding these
bars, Stevenson's claims are without merit. Accordingly,
the Court finds that the application for leave should be
Court also finds that this filing is frivolous. Stevenson is
hereby warned that 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. Order,
Dunn v. State, 2016-M-01514 (Miss. Nov. 15, 2018).
THEREFORE ORDERED that the Petition for Writ of Habeas Corpus
is hereby dismissed as time-barred and as a successive
DISMISS AND ISSUE SANCTIONS WARNING: BEAM, CHAMBERLIN, AND
DENY AND ISSUE SANCTIONS WARNING: RANDOLPH, C.J., COLEMAN,
MAXWELL, AND GRIFFIS, JJ.
DISMISS: KITCHENS AND KING, P.JJ.
P.J., OBJECTS TO THE ORDER IN PART WITH SEPARATE WRITTEN
STATEMENT JOINED BY KITCHENS, P.J.
PRESIDING JUSTICE, OBJECTING TO THE ORDER IN PART WITH
SEPARATE WRITTEN STATEMENT:
Although Joseph Stevenson's application for
post-conviction relief does not merit relief, I disagree with
the Court's finding that the application is frivolous and
with the warning that future filings deemed frivolous may
result in monetary sanctions or restrictions on filing
applications for post-conviction collateral relief in
This Court previously has defined a frivolous motion to mean
one filed in which the movant has "no hope of
success." Roland v. State, 666 So.2d 747, 751
(Miss. 1995). However, "though a case may be weak or
'light-headed,' that is not sufficient to label it
frivolous." Calhoun v. State, 849 So.2d 892,
897 (Miss. 2003). In his application for post-conviction
relief, Stevenson made a reasonable argument that his
sentence was illegal. As such, I disagree with the
Court's determination that Stevenson's application is
Additionally, I disagree with this Court's warning that
future filings may result in monetary sanctions or
restrictions on filing applications for post-conviction
collateral relief in forma pauperis. The imposition
of monetary sanctions upon a criminal defendant proceeding
in forma pauperis only serves to punish or preclude
that defendant from his lawful right to appeal. Black's
Law Dictionary defines sanction as "[a] provision that
gives force to a legal imperative by either rewarding
obedience or punishing disobedience."
Sanction, Black's Law Dictionary (10th ed. 2014)
(emphasis added). Instead of ...