EN BANC ORDER
KENNETH GRIFFIS, JR., JUSTICE
matter is before the Court, en banc, on the
Application for Leave to Proceed to Trial Court filed by
Terrence O'Neal Boyd, pro se. On January 25,
2000, the Mississippi Court of Appeals unanimously affirmed
Boyd's conviction and sentence. Boyd v. State,
754 So.2d 586 (Miss. Ct. App. 2000). The mandate issued on
February 15, 2000. This Court has subsequently denied or
dismissed six petitions for post-conviction collateral relief
filed by Boyd.
application, Boyd contends he is entitled to post-conviction
collateral relief based upon an alleged Confrontation Clause
violation and his claim of actual innocence. After due
consideration, the Court finds these claims are time barred,
successive-writ barred, and/or waived, and fail to meet any
exceptions. Accordingly, the Court finds this application
should be denied.
Court further finds this application is frivolous. Therefore,
Boyd is hereby warned that any future filings deemed
frivolous may result not only in monetary sanctions, but also
in restrictions on filing applications for post-conviction
collateral relief (or pleadings in that nature) in forma
pauperis. See, e.g., En Banc Order, Dunn v.
State, 2016-M-01514 (Miss. Apr. 11, 2019) (restricting
in forma pauperis status); En Banc Order, Dunn
v. State, 2016-M-01514 (Miss. Nov. 15, 2018) (warning of
sanctions, including in forma pauperis
THEREFORE ORDERED that the Application for Leave to Proceed
to Trial Court filed by Terrence O'Neal Boyd, pro
se, is hereby denied.
DENY AND ISSUE SANCTIONS WARNING: RANDOLPH, C.J., COLEMAN,
MAXWELL, BEAM, CHAMBERLIN, ISHEE AND GRIFFIS, JJ.
DISMISS: KITCHENS AND KING, P.JJ.
P.J., OBJECTS TO THE ORDER IN PART WITH SEPARATE WRITTEN
STATEMENT JOINED BY KITCHENS, P.J.
PRESIDING JUSTICE, OBJECTING TO THE ORDER IN PART WITH
SEPARATE WRITTEN STATEMENT:
Although Terrence O'Neal Boyd's application for
post-conviction relief does not merit relief, I disagree with
the Court's finding that the application is frivolous and
with the warning that future filings deemed frivolous may
result in monetary sanctions or restrictions on filing
applications for post-conviction collateral relief in
This Court previously has defined a frivolous motion to mean
one filed in which the movant has "no hope of
success." Roland v. State, 666 So.2d 747, 751
(Miss. 1995). However, "though a case may be weak or
'light-headed,' that is not sufficient to label it
frivolous." Calhoun v. State, 849 So.2d 892,
897 (Miss. 2003). In his application for post-conviction
relief, Boyd made reasonable arguments that he was denied his
fundamental right to cross-examine witnesses and that he was
innocent of the crime charged. As such, I disagree with the
Court's determination that Boyd's application is
Additionally, I disagree with this Court's warning that
future filings may result in monetary sanctions or
restrictions on filing applications for post-conviction
collateral relief in forma pauperis. The imposition
of monetary sanctions on a criminal defendant proceeding
in forma pauperis only serves to punish or preclude
that defendant from his lawful right to appeal. Black's
Law Dictionary defines sanction as "[a] provision that
gives force to a legal imperative by either rewarding
obedience or punishing disobedience."
Sanction, Black's Law Dictionary (10th ed. 2014)
(emphasis added). Instead of punishing the defendant for
filing a motion, I believe that this Court should simply deny
or dismiss motions that lack merit. As Justice Brennan wisely
The Court's order purports to be motivated by this
litigant's disproportionate consumption of the
Court's time and resources. Yet if his filings are truly
as repetitious as it appears, it hardly takes much time to
identify them as such. I find it difficult to see how the
amount of time and resources required to deal properly with
McDonald's petitions could be so great as to justify the
step we now take. Indeed, the time that has been consumed in
the preparation of the present order barring the door to Mr.
McDonald far exceeds that which would have been necessary to
process his petitions for the next several years at least. I
continue to ...