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Barnes v. State

Court of Appeals of Mississippi

May 14, 2019

CEARIC A. BARNES A/K/A CEARIC BARNES APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 10/23/2017

          COURT 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

          BEFORE BARNES, C.J., TINDELL AND McCARTY, JJ.

          BARNES, C.J.

         ¶1. 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 affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. 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.[1] 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).

Id.

         ¶3. 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.[2] 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.

         DISCUSSION

         ¶4. 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.[3] Unless, however, Barnes provides an ...


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