Payton v. State


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Docket Number: 2010-CP-01488-COA
Linked Case(s): 2010-CP-01488-COA

Court of Appeals: Opinion Link
Opinion Date: 12-06-2011
Opinion Author: Griffis, P.J.
Holding: Reversed and remanded.

Additional Case Information: Topic: Post-conviction relief - Jurisdiction
Judge(s) Concurring: Lee, C.J., Barnes, Ishee, Roberts, Maxwell and Russell, JJ.
Non Participating Judge(s): Myers, J.
Dissenting Author : Carlton, J.
Concur in Part, Dissent in Part 1: Irving, P.J., concurs in part and in the result without separate written opinion
Procedural History: PCR
Nature of the Case: PCR

Trial Court: Date of Trial Judgment: 08-10-2010
Appealed from: Attala County Circuit Court
Judge: Joseph H. Loper
Disposition: MOTION FOR POST-CONVICTION COLLATERAL RELIEF DISMISSED
Case Number: 10-0155-CV-L

  Party Name: Attorney Name:  
Appellant: Freddie Payton




PRO SE



 

Appellee: State of Mississippi OFFICE OF THE ATTORNEY GENERAL: BILLY L. GORE  

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Topic: Post-conviction relief - Jurisdiction

Summary of the Facts: In 1970, Freddie Payton was convicted of the forcible rape of an eleven-year-old child, a crime committed when Payton was fifteen years of age. Payton pleaded guilty and was sentenced to life imprisonment. Payton was paroled in 1984. But he was rearrested in 1986, and his parole was revoked. Payton was then recommitted to custody. Payton has filed at least two motions for post-conviction collateral relief. The first PCR motion was filed in 1987, and the second PCR motion was filed in 1992. Both PCR motions were either denied or dismissed, and both of those judgments were affirmed without opinion by the Mississippi Supreme Court. In 2010, Payton filed a pleading with the Clerk of the Mississippi Supreme Court. This pleading was styled as, “Application for Leave to Proceed [with a Motion for PCR] in the Trial Court.” Before the Supreme Court decided his application for leave to file a PCR motion, Payton filed a PCR motion with the circuit court. One month later, the Supreme Court denied Payton’s application. The circuit court dismissed Payton’s PCR motion. Payton appeals.

Summary of Opinion Analysis: The circuit court relied on the Supreme Court’s denial to dismiss Payton’s PCR motion for lack of jurisdiction. Payton filed in the wrong court. The Supreme Court did not have jurisdiction. Apparently, Payton was correct to proceed with his PCR motion before the circuit court. As a result, the circuit court’s judgment where it dismissed the PCR motion based on its lack of jurisdiction is reversed. On remand, the circuit court may consider Payton’s PCR motion even though the Supreme Court denied Payton’s application.


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