Willie v. State
| Docket Number: | 2009-CP-01918-COA Linked Case(s): 2009-CP-01918-COA ; 2009-CT-01918-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-19-2011 Opinion Author: Roberts, J. Holding: Vacated and remanded. |
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| Additional Case Information: |
Topic: Post-conviction relief - Jurisdiction - Section 99-39-7 Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee and Maxwell, JJ. Non Participating Judge(s): Myers, J. Concurs in Result Only: Carlton, J. Without Separate Written Opinion Procedural History: PCR Nature of the Case: PCR |
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| Trial Court: |
Date of Trial Judgment: 10-30-2009 Appealed from: Oktibbeha County Cicuit Court Judge: Lee J. Howard Disposition: Motion for Post-Conviction Relief Denied Case Number: 2009-0348-CV |
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| Party Name: | Attorney Name: | |||
| Appellant: | Michael Warren Willie |
PRO SE |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: JEFFREY A. KLINGFUSS |
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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: | Post-conviction relief - Jurisdiction - Section 99-39-7 |
| Summary of the Facts: | Michael Willie was convicted of capital murder and sentenced to death in 1989. Willie appealed his conviction and sentence, and the Mississippi Supreme Court affirmed his conviction, but remanded the case for a new sentencing hearing. On remand, Willie was re-indicted as a habitual offender, pled guilty, and was sentenced as a habitual offender to life imprisonment without the eligibility for parole or probation. Later, he filed a post-conviction relief motion, which the circuit court denied. Willie appealed, and the Supreme Court remanded the case for a new sentencing hearing on his original indictment since re-indicting Willie was a violation of the double-jeopardy clause. At this new sentencing hearing, the indictment was amended to charge Willie as a habitual offender; Willie was, once again, sentenced to life without the eligibility for parole or probation. Willie appealed, and the Court affirmed his sentence of life without the possibility of parole or probation. In 2004, Willie filed another post-conviction relief motion which the court denied. Willie appeals. |
| Summary of Opinion Analysis: | Pursuant to section 99-39-7, before a movant in Willie’s circumstance may file a PCR motion in the circuit court, he must first seek and obtain permission to do so from the supreme court. The record is devoid of any such request from Willie to the supreme court much less an order from the supreme court allowing Willie to pursue his PCR motion in the circuit court. Thus, the case is dismissed for lack of jurisdiction. |
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