Rickey Dale Meshell v. State of Mississippi
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IN THE COURT OF APPEALS
OF THE
STATE OF MISSISSIPPI
NO. 2002-CP-00172-COA
RICKEY MESHELL
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF TRIAL COURT JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
DISTRICT ATTORNEY:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
CERTIORARI FILED:
MANDATE ISSUED:
APPELLEE
01/16/2002
HON. BETTY W. SANDERS
SUNFLOWER COUNTY CIRCUIT COURT
PRO SE
OFFICE OF THE ATTORNEY GENERAL
BY: DEIRDRE MCCRORY
FRANK CARLTON
CIVIL - POST CONVICTION RELIEF
MOTION FOR POST-CONVICTION RELIEF
DENIED
DISMISSED - 12/17/2002
BEFORE KING, P.J., IRVING, AND BRANTLEY, JJ.
BRANTLEY, J., FOR THE COURT:
¶1.
Rickey Meshell's petition for habeas corpus was denied by the Sunflower County Circuit Court.
Aggrieved, he appeals arguing that his sentence was ambiguous and demanded release. Finding the Court
lacks jurisdiction, we dismiss the appeal.
FACTS
¶2.
Meshell was convicted of manslaughter in the Harrison County Circuit Court in 1984 and sentenced
to twenty years as a habitual offender. Aggrieved by his conviction and sentence, Meshell appealed to the
Mississippi Supreme Court which affirmed his conviction and sentence. Meshell v. State, 506 So. 2d 989
(Miss. 1987).
¶3.
In 2000, Meshell filed his petition in circuit court claiming that his sentence was ambiguous and
violated his due process rights. The Sunflower County Circuit Court denied the motion. Aggrieved,
Meshell appeals such denial.
ANALYSIS OF THE ISSUE PRESENTED
¶4.
Although Meshell raises several issues on appeal, we find that the circuit court did not have
jurisdiction to entertain his petition. See Doss v. State, 757 So. 2d. 1016, 1017 (¶¶ 6-8) (Miss. Ct. App.
2000). Petitions for habeas corpus are treated as a motion under the Mississippi Uniform Post-Conviction
Collateral Relief Act. See State v. Read, 544 So. 2d 810, 813 (Miss. 1989). Filing for post-conviction
relief in circuit court is correct "except in cases in which the prisoner's conviction and sentence have been
appealed to the supreme court of Mississippi and there affirmed or the appeal dismissed." Miss. Code
Ann. § 99-39-7 (Rev. 2000). If the case, such as the one in question, falls into the above category, the
prisoner must first get permission to seek post-conviction relief from "a quorum of the justices of the
supreme court." Id.
¶5.
Here, Meshell's conviction and sentence were affirmed by the Mississippi Supreme Court. He then
filed for post-conviction relief without first seeking permission from the Mississippi Supreme Court.
Therefore, we dismiss this appeal for lack of jurisdiction.
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¶6.
THE APPEAL OF THE JUDGMENT OF THE CIRCUIT COURT OF SUNFLOWER
COUNTY DENYING POST-CONVICTION RELIEF IS DISMISSED FOR LACK OF
JURISDICTION. COSTS OF THIS APPEAL ARE ASSESSED TO SUNFLOWER COUNTY.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, IRVING,
MYERS AND CHANDLER, JJ., CONCUR. THOMAS, J., NOT PARTICIPATING.
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