Puckett v. State
| Docket Number: | 2000-DR-01077-SCT Linked Case(s): 2000-DR-01077-SCT ; 2000-DR-01077-SCT ; 2000-DR-01077-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 06-05-2003 Opinion Author: Smith, P.J. Holding: MOTIONS GRANTED |
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| Additional Case Information: |
Topic: Death penalty post-conviction relief - Statute of limitations - Section 99-39-5(2) - Equitable tolling Judge(s) Concurring: Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ. Non Participating Judge(s): Pittman, C.J. Dissenting Author : McRae, P.J. Procedural History: Jury Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 08-07-1996 Appealed from: Forrest County Circuit Court Judge: Richard W. McKenzie Disposition: The Appellant was convicted of capital murder and sentenced to death. Case Number: 18729 |
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| Note: | The motion for clarification is granted. The original opinion in this case is withdrawn, and this opinion is substituted therefor. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Larry Matthew Puckett |
MISSISSIPPI OFFICE OF CAPITAL
POST-CONVICTION COUNSEL
BY: TERRI L. MARROQUIN
ROBERT RYAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: MARVIN L. WHITE, JR. |
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| Topic: | Death penalty post-conviction relief - Statute of limitations - Section 99-39-5(2) - Equitable tolling |
| Summary of the Facts: | The motion for clarification is granted. This opinion is substituted for the original opinion. A Motion to Reconsider Extension of Time, Motion to Apply Statute of Limitations Established by Miss. Code. Ann. § 99-39-5(2) to Petitioner’s Post-Conviction Petition, and Motion to Stay Filing Deadline, has been filed on Larry Puckett’s behalf by Robert Ryan and Terri Marroquin of the Mississippi Office of Capital Post-Conviction Counsel, endeavoring to present post-conviction issues. |
| Summary of Opinion Analysis: | Section 99-39-5(2) was amended effective July 1, 2000, to provide that a motion for post-conviction relief in capital cases is to be filed within one year after conviction. To hold that conviction, as used in this statute, means the entry of the judgment of the trial court, would not recognize the statutory and constitutional requirements that the Supreme Court review all death penalty cases. In a death penalty context, a conviction is final only when the mandatory state appellate review is complete, i.e., when the Supreme Court’s mandate on appeal issues. Therefore, the time period for filing Puckett's application for post-conviction relief expired on July 19, 2002. However, the statute of limitations is tolled when a party is prohibited from exercising his right to proceed by circumstances which are clearly beyond his control and rise to such a dimension as to implicate due process and fundamental fairness. Puckett has been prevented from filing his application through no fault or neglect on his part. An attorney from Oklahoma was originally appointed as Puckett's post-conviction counsel, and he obtained important files and documents and removed them to his offices in Oklahoma. During the period from late December 2001 until July 2002, the Office of Capital Post-Conviction Counsel conscientiously tried to retrieve those documents and to obtain duplicates from other sources. Puckett’s former attorney’s actions have affirmatively frustrated his efforts through new counsel to pursue the post-conviction process. To punish Puckett for these circumstances would deprive him of minimal due process and a fair opportunity to be heard. The statute was tolled by these events, and Puckett is granted an additional 180 days after the date of this decision in which to complete and file his application for leave to seek post-conviction relief. |
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