H. BEAM, JUSTICE.
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
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).
THEREFORE ORDERED that the Petition for an Order to Show
Cause is dismissed.
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 WITH SEPARATE WRITTEN STATEMENT
JOINED BY KITCHENS, P.J.
PRESIDING JUSTICE, OBJECTING TO THE ORDER WITH SEPARATE
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.
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.").
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.
The decision to cut off an indigent defendant's right to
proceed in forma pauperis is also a violation of
that defendant's fundamental ...