CEARIC A. BARNES A/K/A CEARIC BARNES APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 10/23/2017
FROM WHICH APPEALED: LINCOLN COUNTY CIRCUIT COURT HON.
MICHAEL M. TAYLOR, TRIAL JUDGE
ATTORNEY FOR APPELLANT: KEVIN DALE CAMP
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
LISA L. BLOUNT
BARNES, C.J., TINDELL AND McCARTY, JJ.
Cearic Barnes filed a motion for post-conviction relief (PCR)
with the Lincoln County Circuit Court on December 12, 2016.
This circuit court dismissed the motion, finding it both time
barred and barred as a successive writ. Finding no error, we
AND PROCEDURAL HISTORY
Barnes was indicted for capital murder in August 2002. He
entered a guilty plea in exchange for a reduced charge of
murder and was sentenced to life in the custody of the
Mississippi Department of Corrections on June 16, 2003. Judge
Mike Smith recused himself from the case, and it was
transferred to Judge Keith Starrett, who changed the venue to
Adams County. Less than three years later, Barnes filed a PCR
motion with the Lincoln County Circuit Court in Cause No.
2006-59-LT. An amended PCR motion was later filed. The
circuit court dismissed the motion for PCR, and this Court
affirmed the dismissal of the motion on June 22, 2010.
Barnes v State, 51 So.3d 986, 991 (¶19) (Miss.
Ct. App. 2010). In these proceedings, it was determined that
the originally assigned circuit judge, Judge Smith, had
misplaced the court file; so we ordered the circuit court
clerk to reconstruct the record for our appellate review of
Barnes's 2006 PCR motion. Barnes, 51 So.3d at
990 (¶15). The clerk complied, noting that the only
items excluded from the record were Barnes's original
February 2006 PCR motion, the application to proceed in forma
pauperis, and exhibits. We concluded:
If Barnes was dissatisfied with the record that was prepared
by the clerk, he had an opportunity to amend it. This Court
has previously held that, "the burden falls upon an
appellant to ensure the record contains sufficient evidence
to support his assignments of error on appeal."
Minor v. City of Indianola, 909 So.2d 146, 148
(¶4) (Miss. Ct. App. 2005).
On December 12, 2016, Barnes filed a second PCR motion (Cause
No. 2016-451-LT) with the circuit court, asserting the same
claims from his prior 2006 motion (Cause No. 2006- 59-LT) and
arguing that an intervening decision of the Mississippi
Supreme Court-Means v. State, 43 So.3d 438 (Miss.
2010)-excepted his motion from procedural bars. See
Miss. Code Ann. § 99-39-23(6) (Rev. 2015). Finding
Means was not applicable to the case and, therefore,
insufficient to overcome the procedural bars, the circuit
court dismissed the motion. Aggrieved, Barnes appeals.
Barnes argues that the circuit court erred in dismissing his
PCR motion and his request for a rehearing because there is
no record of his plea hearing. Therefore, he contends that
the circuit court could not rule on his claims without an
evidentiary hearing. Unless, however, Barnes provides an