Joseph Quinton Bullock v. State of Mississippi
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2008-CP-00422-COA
JOSEPH QUINTON BULLOCK
APPELLANT
v.
STATE OF MISSISSIPPI
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
APPELLEE
01/30/2008
HON. PAUL S. FUNDERBURK
PRENTISS COUNTY CIRCUIT COURT
JOSEPH QUINTON BULLOCK (PRO SE)
OFFICE OF THE ATTORNEY GENERAL
BY: JEFFREY A. KLINGFUSS
CIVIL - POST-CONVICTION RELIEF
MOTION FOR PRODUCTION OF
RECORDS DENIED
DISMISSED WITHOUT PREJUDICE:
01/20/2009
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
BEFORE KING, C.J., GRIFFIS AND CARLTON, JJ.
GRIFFIS, J., FOR THE COURT:
¶1.
Joseph Quinton Bullock previously pleaded guilty to murder and was convicted and
sentenced by the Circuit Court of Prentiss County. Bullock appeals the denial of his motion
for records, transcripts, and other disclosures. This Court lacks appellate jurisdiction to
review a request for records, transcripts, and other disclosures that was not raised as part of
a direct appeal or a petition for post-conviction collateral relief. Because Bullock did not file
a petition for post-conviction collateral relief, his appeal is dismissed without prejudice.
FACTS
¶2.
Bullock was indicted for the capital murder of Jonathan Breedlove pursuant to
Mississippi Code Annotated section 97-3-19(2)(e) (Rev. 2006), but the indictment was
amended to charge Bullock with murder pursuant to section 97-3-19(1)(a) (Rev. 2006). He
appeared before the circuit court judge and entered a guilty plea to murder. Bullock was
sentenced to life imprisonment in the custody of the Mississippi Department of Corrections.
¶3.
Subsequently, Bullock filed the following motions with the circuit court: “motion to
inspect grand jury minutes,” “motion for transcript of the petitioner’s preliminary hearing,”
and “motion for any and all records, documents, discovery and trial transcripts.” The
motions were collectively denied by the circuit court. Bullock now appeals the denial of his
motions for records, transcripts, and other disclosures.
STANDARD OF REVIEW
¶4.
“Jurisdiction is a question of law which this Court reviews de novo.” Trustmark Nat'l
Bank v. Johnson, 865 So. 2d 1148, 1150 (¶8) (Miss. 2004) (citations omitted).
ANALYSIS
¶5.
There are two avenues of appeal for a criminal defendant: a direct appeal from the
conviction and a motion for post-conviction collateral relief. Shanks v. State, 906 So. 2d
760, 761 (¶3) (Miss. Ct. App. 2004) (citing Fleming v. State, 553 So. 2d 505, 506 (Miss.
1989) (superseded by statute)). Bullock forfeited his right to a direct appeal when he
pleaded guilty. Miss. Code Ann. § 99-35-101 (Rev. 2007). Thus, Bullock’s only option for
appeal is to bring a motion for post-conviction collateral relief. However, he has failed to
do so.
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¶6.
Bullock has the option to request these documents as part of a motion for post-
conviction collateral relief. If a prisoner files a proper motion pursuant to the Mississippi
Uniform Post-Conviction Collateral Relief Act, and his motion withstands summary
dismissal under section 99-39-11(2) (Rev. 2007), then he:
may be entitled to trial transcripts or other relevant documents under the
discovery provisions of § 99-39-15, upon good cause shown and in the
discretion of the trial judge. If the prisoner's request for transcripts or other
documents is denied, and his overall petition is ultimately denied, then he may
appeal the denial of his petition for collateral relief pursuant to § 99-39-25[,]
which provides that final judgments entered under the Act may be reviewed
by [the appellate court] on appeal brought by either the State or the prisoner.
Fleming, 553 So. 2d at 506 (internal citations omitted).
¶7.
However, the Uniform Post-Conviction Collateral Relief Act does not give a prisoner
“the right to institute an independent, original action for a free transcript or other documents,
and then if dissatisfied with the trial court’s ruling, to directly appeal that ruling to [the
appellate court] as a separate and independent action.” Id. Bullock filed motions to inspect
grand jury minutes, for the transcript of his preliminary hearing, and for any and all records,
documents, discovery, and trial transcripts, but he has not filed a motion for post-conviction
collateral relief. Accordingly, this Court lacks appellate jurisdiction, and Bullock’s appeal
is dismissed without prejudice.
¶8.
THE APPEAL FROM THE PRENTISS COUNTY CIRCUIT COURT IS
DISMISSED WITHOUT PREJUDICE. ALL COSTS OF THIS APPEAL ARE
ASSESSED TO PRENTISS COUNTY.
KING, C.J., LEE AND MYERS, P.JJ., IRVING, BARNES, ISHEE, ROBERTS
AND CARLTON, JJ., CONCUR.
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