BOBBY K. BARNETT A/K/A BOBBY KEITH BARNETT Petitioner
STATE OF MISSISSIPPI Respondent
EN BANC ORDER
MICHAEL ISHEE, JUSTICE
the Court is the "Motion" filed pro se by Bobby
Keith Barnett, which we treat as an application for leave to
pursue post-conviction relief.
application for leave is Barnett's seventh. The Court
finds that the application for leave is barred by time and as
a successive writ; none of Barnett's claims meet an
exception to the bars. Miss. Code Ann. §§
99-39-5(2), 99-39-27(9) (Rev. 2015). Notwithstanding the
bars, Barnett has also failed to make a substantial showing
of the denial of a state or federal right. Miss. Code Ann.
§ 99-39-27(5) (Rev. 2015). Accordingly, the application
for leave should be denied.
the Court finds the filing to be frivolous. Barnett is warned
that 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. Order,
Dunn v. State, 2016-M-01514 (Miss. Nov. 15, 2018).
THEREFORE ORDERED that Bobby Keith Barnett's
"Motion" is denied.
DENY AND ISSUE SANCTIONS WARNING: RANDOLPH, C.J., COLEMAN,
MAXWELL, BEAM, CHAMBERLIN, ISHEE AND GRIFFIS, JJ.
DENY: KITCHENS, P.J.
DISMISS: KING, P.J.
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 Bobby K. Barnett'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, Barnett made reasonable arguments that his indictment
was defective, that he received ineffective assistance of
counsel, that the jury verdict was biased, that the court
erred by refusing to allow cross-examination of the
State's witnesses, and that the verdict was contrary to
the evidence. As such, I disagree with the Court's
determination that Barnett's application is frivolous.
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 ...