OF JUDGMENT: 05/21/2018
LOWNDES COUNTY CIRCUIT COURT TRIAL JUDGE: HON. LEE J. HOWARD
ATTORNEY FOR APPELLANT: THOMAS TAYLOR (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BILLY
J. WILSON, P.J., WESTBROOKS AND McDONALD, JJ.
Thomas Taylor appeals the Lowndes County Circuit Court's
dismissal of another petition he has filed for
post-conviction relief (PCR). We agree with the circuit
court's determination that it lacked jurisdiction to hear
the petition because Taylor had failed to obtain the supreme
court's approval prior to filing.
On May 9, 1997, Taylor was indicted for carnally knowing a
child under the age of fourteen in violation of Mississippi
Code Annotated section 97-3-65(1) (Rev. 1994). The original
indictment he was served listed the child as being under the
age of fourteen. But when attempting to put the number in
parentheses, a "0" instead of a ")" was
typed at the end, thus reading "(140." The typist
attempted to correct the error by superimposing the
")" mark over the "0," making it still
seem that the numeric age of the child was less than 140.
Another corrected indictment that clearly stated that the
victim was "a child under the age fourteen (14)
years" was then prepared, signed, and recorded on the
Taylor was tried, and on February 11, 1998, he was found
guilty of raping an eight- year-old girl. He appealed his
conviction of capital rape, and on March 23, 1999, the
Mississippi Court of Appeals affirmed that conviction.
Taylor v. State, 744 So.2d 306 (Miss. Ct. App.
1999). In that opinion, this Court dealt with thirty-three
(33) purported errors that Taylor had raised. One of the
issues resolved in that opinion was the validity of
Taylor's indictment. Taylor had claimed that he was tried
under an invalid indictment because it showed a different age
of the victim. The Court said that it found nothing in the
record to support his contention and noted that the issue was
not raised at trial. Accordingly, the Court determined there
was no error.
Over the last several years, Taylor has filed several
petitions for post-conviction relief in the circuit court in
1999, 2005, 2011, and almost annually since 2012. He has also
filed petitions with the Mississippi Supreme Court seeking
On March 7, 2018, Taylor filed a document in the circuit
court entitled "Order to Show Cause or Bring to
Trial" in which he raises the same issue about the
corrected indictment that he claims is forged. He says that
the "original" indictment, the one with the error,
was the true indictment that he was served with. He claims he
was never served with the corrected indictment. He demands a
trial under the "original" indictment, which
apparently is not even in the court's file. Taylor raises
no other grounds for relief.
On March 21, 2018, Taylor also filed a "Writ of Mandamus
(or) Motion to Compel (or) Strike Error" in the circuit
court, despite being styled "In the Mississippi Supreme
Court." In this document, Taylor states that before the
circuit court can rule on any post-conviction motion, the
Mississippi Supreme Court must first grant leave. Taylor then
goes on to fault the circuit court for not getting leave from
the supreme court concerning post-conviction petitions be
declared null and void. He does not ask for leave to file
anything. No action appears to have been taken by any court
on this motion which is irrelevant and contains a
misstatement of the law.
On May 21, 2018, the circuit court entered its order
dismissing Taylor's March 7, 2018 filing, saying the
court had no authority to hear any post-conviction motion
until Taylor obtains permission from the appellate court to
file such a motion. ...