Simmons v. State
| Docket Number: | 2006-DR-00174-SCT Linked Case(s): 2006-CA-00174-SCT ; 2006-DR-00174-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 11-16-2006 Opinion Author: Smith, C.J. Holding: Leave to Seek Post-Conviction Relief, Denied. |
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| Additional Case Information: |
Topic: Death penalty post-conviction relief - Successive petition - Section 99-39-27(9) Judge(s) Concurring: Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ. Concurs in Result Only: Graves, J. Procedural History: PCR Nature of the Case: CIVIL - DEATH PENALTY - POST CONVICTION RELIEF |
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| Trial Court: |
Date of Trial Judgment: 09-02-1997 Appealed from: JACKSON COUNTY CIRCUIT COURT Judge: Bill Jones Disposition: Simmons’s trial commenced August 25, 1997, and the jury returned a guilty verdict on all counts in the indictment four days later. A separate sentencing hearing was held on the capital murder conviction, and the jury unanimously found that Simmons should be sentenced to death. District Attorney: DALE HARKEY Case Number: 9610440(3) |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Gary Carl Simmons, Jr. |
GARY CARL SIMMONS, JR.-PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: MARVIN L. WHITE, JR. |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Death penalty post-conviction relief - Successive petition - Section 99-39-27(9) |
| Summary of the Facts: | Gary Simmons, Jr. was convicted of capital murder while engaged in the commission of a robbery, kidnapping and rape. He was sentenced to death. Simmons appealed, and the Supreme Court affirmed the convictions and sentences. Simmons filed an application for post-conviction relief presenting ten grounds for relief that was denied. Simmons filed a petition for writ of habeas corpus with the United States District Court for the Southern District of Mississippi which remains pending. Simmons has now filed a second, successive application for post-conviction relief. |
| Summary of Opinion Analysis: | Simmons’ petition is barred as a successive petition under section 99-39-27(9). Simmons argues that he escapes this bar because he believes there has been an intervening decision by the Court that would have adversely affected the outcome of the sentencing phase of his trial. Simmons relies on a single sentence from the withdrawn opinion in Rubenstein v. State, to the effect that the Mississippi Rules of Evidence do not apply to sentencing proceedings. He argues this forces the Court to vacate his death sentence because the Court determined that a self-serving video made by Simmons after the murder was irrelevant and inadmissible hearsay during the sentencing phase of his trial. The Rubenstein case was available to Simmons for a supplemental brief, for a rehearing motion after the direct appeal decision, and for his original post-conviction application. Therefore, it is not an intervening decision under section 99-39-27(9). In addition, Simmons’ reliance upon a single sentence in the original Rubenstein opinion that was not released for publication and was still subject to revision or withdrawal is improper. The opinion which replaced it does not contain the language upon which Simmons relies. |
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