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Dixon v. State

Supreme Court of Mississippi

December 4, 2019

MARY DIXON Petitioner
v.
STATE OF MISSISSIPPI Respondent

          EN BANC ORDER

          T. KENNETH GRIFFIS, JR., JUSTICE.

         This matter is before the Court on the Motion for Leave to Conduct Post-Conviction DNA Testing filed by Mary Dixon. Also before the Court are the Response filed by the State of Mississippi, the Motion for Permission to File Attached Reply filed by Dixon, and the Response to that Motion filed by the State. The Court finds that the request to file a reply should be granted. After due consideration, the Court further finds that Dixon has not shown that additional DNA testing at this point "would demonstrate by reasonable probability that the petitioner would not have been convicted." See Miss. Code Ann. § 99-39-5 (Rev. 2015). We therefore find that the motion for DNA testing should be denied. The Court further finds that the Petition for a Writ of Mandamus filed by Dixon should be dismissed as moot.

         IT IS THEREFORE ORDERED that the Motion for Leave to Conduct Post-Conviction DNA Testing filed by Mary Dixon is denied.

         IT IS FURTHER ORDERED that the Petition for a Writ of Mandamus also filed by Mary Dixon is dismissed.

         SO ORDERED.

         TO DENY THE PETITION FOR POST-CONVICTION RELIEF: RANDOLPH, C.J., MAXWELL, BEAM, CHAMBERLIN AND GRIFFIS, JJ.

         TO GRANT THE PETITION FOR POST-CONVICTION RELIEF: KITCHENS AND KING, P.JJ., COLEMAN AND ISHEE, JJ.

         TO DISMISS THE PETITION FOR MANDAMUS AS MOOT: RANDOLPH, C.J., COLEMAN, MAXWELL, BEAM, CHAMBERLIN AND GRIFFIS, JJ.

         TO DISMISS THE PETITION FOR MANDAMUS AS UNTIMELY: KING, P.J.

         TO GRANT THE PETITION FOR MANDAMUS: KITCHENS, P.J.

         TO DENY THE PETITION FOR MANDAMUS: ISHEE, J.

          KITCHENS, PRESIDING JUSTICE, OBJECTING TO THE ORDER WITH SEPARATE WRITTEN STATEMENT:

         ¶1. With respect, I disagree with this Court's decision to deny Mary Dixon's Motion for Leave to Conduct Post-Conviction DNA Testing, and I would find that her petition provides sufficient grounds to grant relief under the Uniform Post-Conviction Collateral Relief Act. See Miss. Code Ann. § 99-39-5 (Rev. 2015).

         ¶2. Dixon filed this motion for post-conviction DNA testing following appeal of her conviction in the Circuit Court of the First Judicial District of Hinds County for the 2004 death of Melencia Bell. See Dixon v. State, 17 So.3d 1099 (Miss. Ct. App. 2009). Bell died after an assault left her with numerous puncture wounds to her neck, chest, and abdomen; the victim was discovered at her house "lying naked on the floor in a pool of blood with a screwdriver sticking out of her neck and a bloody axe lying on the daybed." Id. at 1101. A subsequent investigation "found no physical evidence to link Dixon to the assault and robbery . . . . [N]one of the evidence collected and analyzed linked Dixon to the crime." Id. at 1102. ...


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