Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Blunt v. State

Supreme Court of Mississippi

April 17, 2019

CHARLIE BLUNT Petitioner
v.
STATE OF MISSISSIPPI Respondent

          ORDER

          DAWN H. BEAM, JUSTICE.

         This matter is before the Court on the Petition for an Order to Show Cause filed by Charlie Blunt. The petition is in the nature of a request for post-conviction relief and is considered as such. Blunt's direct appeal became final in 2013. The petition is subject to the time bar. Miss. Code Ann. § 99-39-5. Further, Blunt's numerous prior petitions for post-conviction relief have been denied or dismissed. The petition is subject to the successive writ bar. Miss. Code Ann. § 99-39-27. The Court finds that the issues raised in the petition were substantially addressed in Blunt's direct appeal and in prior post-conviction proceedings and are barred by res judicata. After due consideration, we find that Blunt has presented no arguable basis for his claims, that no exception to the procedural bars exists, and that the petition should be dismissed. See Means v. State, 43 So.3d 438, 442 (Miss. 2010). Notwithstanding the procedural bars, the Court finds that the claims raised in the petition are without merit.

         Finally, we find that the present filing is frivolous and that Blunt 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 IS THEREFORE ORDERED that the Petition for an Order to Show Cause is dismissed.

         SO ORDERED.

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

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

          TO DISMISS: KITCHENS AND KING, P.JJ.

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

          KING, PRESIDING JUSTICE, OBJECTING TO THE ORDER WITH SEPARATE WRITTEN STATEMENT:

         ¶1. Today, this Court prioritizes efficiency over justice and bars Charlie Blunt 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 Blunt from filing further petitions for post-conviction collateral relief in forma pauperis.

         ¶2. 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 deems the frequency of Blunt's filing to be too onerous a burden and decides to restrict Blunt 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., dissenting) ("I continue to find puzzling the Court's fervor in ensuring that rights granted to the poor are not abused, even when so doing actually increases the drain on our limited resources.").

         ¶3. Article 3, section 25, of the Mississippi Constitution provides that "no person shall be debarred from prosecuting or defending any civil cause for or against him or herself, before any tribunal in the state, by him or herself, or counsel, or both." Miss. Const. art. 3, § 26 (emphasis added). Mississippi Code Section 99-39-7 provides that actions under the Uniform Post-Conviction Collateral Relief Act are civil actions. Miss. Code Ann. § 99-39-7 (Rev. 2015). Therefore, this State's Constitution grants unfettered access in civil causes to any tribunal in the State. The Court's decision to deny Blunt's filing actions in forma pauperis is a violation of his State constitutional right to access to the courts.

         ¶4. The decision to cut off an indigent defendant's right to proceed in forma pauperis is also a violation of that defendant's fundamental ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.