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Simpson v. State

Court of Appeals of Mississippi

July 23, 2019

MILTON LEON SIMPSON A/K/A MILTON SIMPSON APPELLANT
v.
STATE OF MISSISSIPPI APPELLEE

          DATE OF JUDGMENT: 05/03/2018

          LEE COUNTY CIRCUIT COURT HON. THOMAS J. GARDNER III TRIAL JUDGE

          ATTORNEY FOR APPELLANT: MILTON LEON SIMPSON (PRO SE)

          ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: DARRELL CLAYTON BAUGHN

          BEFORE BARNES, C.J., McDONALD AND C. WILSON, JJ.

          BARNES, C.J.

         ¶1. After his arrest for identity theft and false pretense, Milton Simpson filed a petition for habeas corpus with the Lee County Circuit Court, which dismissed the petition in part and granted it in part. Simpson appeals the court's dismissal. Finding no error, we affirm.

         FACTS AND PROCEDURAL HISTORY

         ¶2. On March 29, 2018, Simpson was arrested after assuming a false identity and attempting to write a bad check for over $500 in goods at a business in Lee County. A waiver of initial appearance was entered, and the Lee County Justice Court set a $10, 000 bond.[1] Simpson subsequently filed a "Petition for Great Writ of Habeas Corpus" with the circuit court on April 16, 2018, alleging: (1) illegal search; (2) arrest without probable cause; (3) the failure to provide him a copy of the affidavit of complaint; (4) unlawful detention; (5) denial of a preliminary hearing; (6) failure to provide adequate medical treatment during his confinement;[2] (7) excessive bail; and (8) unnecessary force.

         ¶3. On May 1, 2018, Simpson was booked into the Shelby County, Tennessee jail on another charge. Because of his transfer to Tennessee's custody, the circuit court dismissed Simpson's claims of excessive bail and medical treatment as moot. Regarding Simpson's request for a preliminary hearing, the court granted the petition in part, ordering a hearing before the Lee County Justice Court upon his return to Mississippi custody.[3] Simpson appeals, claiming the court improperly dismissed a portion of his claims "without addressing certain facts requiring relief in the form of dismissing the charges." The circuit court granted Simpson's motion to proceed in forma pauperis (IFP) on appeal.

         STANDARD OF REVIEW

         ¶4. In a habeas corpus proceeding, the trial court's judgment is "presumptively correct"; so the court's judgment will not be disturbed on appeal unless it is evident that the court tried the case "upon an erroneous conception of the law, or that the judgment is erroneous upon the facts." Smith v. Banks, 134 So.3d 715, 718-19 (¶8) (Miss. 2014).

         DISCUSSION

         ¶5. Simpson raises several issues on appeal-failure to provide adequate legal assistance, failure to prosecute, sovereign immunity-not raised in his petition before the circuit court. Issues not raised before the trial court may not be raised on appeal. Austin v. State, 971 So.2d 1286, 1288 (ΒΆ8) (Miss. Ct. ...


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