Grayson v. Mississippi
Annotate this CaseBlayde Grayson was indicted for capital murder while in the commission of burglary with the intent to steal personal property. A jury found him guilty of capital murder and, in a separate sentencing proceeding, sentenced him to death. The Supreme Court affirmed Grayson's conviction and death sentence. In early 2003, Grayson filed his first petition seeking post-conviction collateral relief (PCR). The Supreme Court denied relief. Grayson then filed his "Motion for Leave to File Successor Petition for Post-Conviction Relief" and "Motion for Access." Upon review, the Supreme Court concluded that PCR petitioners who have been sentenced to death do have a right to the effective assistance of PCR counsel. Grayson's counsel in his first PCR proceedings before the Supreme Court rendered deficient performance. However, Grayson failed to show that this deficient performance prejudiced him. Therefore, Grayson's claim that he received ineffective assistance of PCR counsel was deemed without merit. Furthermore, Grayson failed to show that his claims met any exceptions to the procedural bars, and his "Motion for Leave to File Successor Petition for Post-Conviction Relief" was dismissed as procedurally barred. Grayson was hereby granted leave to proceed in the circuit court with a motion for access. "As a matter of due process, Grayson should be allowed access to his experts, subject to the rules and regulations of the Mississippi Department of Corrections (MDOC). Because MDOC's rules and regulations presently require a court order, MDOC should be noticed with the request for access and afforded an opportunity to show cause why its present policies do not violate petitioner's due-process rights."
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