P. CHAMBERLIN, JUSTICE.
instant matter is before the Court en banc on William Ray
Collins's Application for Leave to Proceed in the Trial
Court. Collins was convicted of armed robbery and sentenced
to serve forty years in the custody of the Mississippi
Department of Corrections. Collins appealed, and the Court of
Appeals affirmed his conviction and sentence. Collins v.
State, 817 So.2d 644 (Miss. Ct. App. 2002). The mandate
issued on June 18, 2002.
instant matter is Collins's sixth application for
post-conviction relief, with each prior application resulting
in a dismissal or denial of the application. Further, Collins
has been sanctioned on two separate occasions for filings
deemed to be frivolous. In the instant matter, Collins raises
the same argument regarding an amendment to his indictment
that the Court previously has considered and rejected in at
least three of his prior applications.
due consideration, the Court finds that Collins's
Application for Leave to Proceed in the Trial Court should be
denied as it is time-barred pursuant to Mississippi Code
Section 99-39-5(2) (Rev. 2015), and it is barred as a
successive application pursuant to Mississippi Code Section
99-39-27 (Rev. 2015). Further, Collins fails to meet any
exception to the time bar or the bar on successive
applications. Collins's application also is barred by the
doctrine of res judicata.
while Collins has been warned of the possibility of future
sanctions for filings deemed frivolous and even has had
monetary sanctions imposed by order of the Court, we take the
opportunity to warn Collins that any future filings deemed
frivolous may subject him to further monetary sanctions and
restrictions on his ability to proceed in forma
pauperis in the future. See Order, Dunn v.
State, 2016-M-01514 (Miss. Nov. 15, 2018).
THEREFORE ORDERED that William Ray Collins's pro
se Application for Leave to Proceed in the Trial Court
DENY AND ISSUE SANCTIONS WARNING: RANDOLPH, C.J., COLEMAN,
MAXWELL, BEAM, CHAMBERLIN, ISHEE AND GRIFFIS, JJ.
DENY: 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 William Ray Collins'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, Collins made reasonable arguments. As such, I
disagree with the Court's determination that
Collins's application is frivolous.
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 ...