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Taylor v. State

Court of Appeals of Mississippi

May 14, 2019

THOMAS TAYLOR A/K/A THOMAS EDWARD TAYLOR A/K/A TINKERAPPELLANT
v.
STATE OF MISSISSIPPIAPPELLEE

          DATE 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 L. GORE

          BEFORE J. WILSON, P.J., WESTBROOKS AND McDONALD, JJ.

          McDONALD, J.

         ¶1. 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.

         FACTS

         ¶2. 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).[1] 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 same date.

         ¶3. 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.

         ¶4. 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 relief.

         ¶5. 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.

         ¶6. 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.

         ¶7. 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. ...


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