EN BANC ORDER
H. BEAM, JUSTICE.
matter is before the Court, en banc, on Gregory Dunn's
Motion for Post-Conviction Relief. In 1997, the Court
affirmed, among other issues, Dunn's murder conviction
and sentence, and the mandate issued on June 5, 1997.
Dunn v. State, 693 So.2d 1333 (Miss. 1997). Thus,
this filing is time-barred. Dunn has filed multiple
applications for post-conviction relief, making the present
claim procedurally barred. See Dunn v. State,
2016-M-01514; Dunn v. State, 2006-M-02029.
now raises a claim of actual innocence and an
illegal-sentence claim, arguing that the trial court was not
allowed to impose a life sentence upon him without a jury
recommendation. Although the claims may be excepted from the
procedural bars, Dunn fails to raise an arguable basis for
his claims to justify an exception. See Means v.
State, 43 So.3d 438, 442 (Miss. 2010); Kennedy v.
State, 732 So.2d 184, 187 (Miss. 1999). Accordingly, we
find the motion should be dismissed as procedurally barred.
order denying Dunn's last motion, we warned him that
"any future filings deemed frivolous may result not only
in additional 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). We find the present
filing is frivolous and that Dunn 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).
THEREFORE, IS ORDERED that Gregory Dunn's Motion for
Post-Conviction Relief is hereby dismissed.
FURTHER ORDERED that Dunn 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 Dunn that are related to this
conviction and sentence unless he pays the applicable docket
DISMISS AND ISSUE SANCTIONS: BEAM, CHAMBERLIN AND ISHEE, JJ.
DENY AND ISSUE SANCTIONS: 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:
Today, this Court prioritizes efficiency over justice and
bars Gregory Dunn from its doors. Because the imposition of
monetary sanctions against indigent defendants and the
restriction of access to the court system serve only to
punish those defendants and to violate rights guaranteed by
the United States and Mississippi Constitutions, I strongly
oppose this Court's order restricting Dunn from filing
further petitions for post-conviction collateral relief
in forma pauperis.
This Court seems to tire of reading motions that it deems
"frivolous" and imposes monetary sanctions on
indigent defendants. The Court then bars those defendants,
who in all likelihood are unable to pay the imposed
sanctions, from future filings. In choosing to prioritize
efficiency over justice, this Court forgets the oath that
each justice took before assuming office. That oath stated in
relevant part, "I . . . solemnly swear (or affirm) that
I will administer justice without respect to persons, and do
equal right to the poor and to the rich. . . ." Yet this
Court now deems the frequency of Dunn's filings to be too
onerous a burden and decides to restrict Dunn from filing
subsequent applications for post-conviction collateral
relief. See In re McDonald, 489 U.S. 180, 186-87,
109 S.Ct. 993, 997, 103 L.Ed.2d 158 (1989) (Brennan, J.,