EN BANC ORDER
KENNETH GRIFFIS, JR., JUSTICE.
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.
THEREFORE ORDERED that the Motion for Leave to Conduct
Post-Conviction DNA Testing filed by Mary Dixon is denied.
FURTHER ORDERED that the Petition for a Writ of Mandamus also
filed by Mary Dixon is dismissed.
THE PETITION FOR POST-CONVICTION RELIEF: RANDOLPH, C.J.,
MAXWELL, BEAM, CHAMBERLIN AND GRIFFIS, JJ.
GRANT THE PETITION FOR POST-CONVICTION RELIEF: KITCHENS AND
KING, P.JJ., COLEMAN AND ISHEE, JJ.
DISMISS THE PETITION FOR MANDAMUS AS MOOT: RANDOLPH, C.J.,
COLEMAN, MAXWELL, BEAM, CHAMBERLIN AND GRIFFIS, JJ.
DISMISS THE PETITION FOR MANDAMUS AS UNTIMELY: KING, P.J.
GRANT THE PETITION FOR MANDAMUS: KITCHENS, P.J.
THE PETITION FOR MANDAMUS: ISHEE, J.
KITCHENS, PRESIDING JUSTICE, OBJECTING TO THE ORDER WITH
SEPARATE WRITTEN STATEMENT:
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).
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. ...