The motion under this article shall be filed as an original civil action in the trial court, except in cases in which the petitioner's conviction and sentence have been appealed to the Supreme Court of Mississippi and there affirmed or the appeal dismissed. Where the conviction and sentence have been affirmed on appeal or the appeal has been dismissed, the motion under this article shall not be filed in the trial court until the motion shall have first been presented to a quorum of the Justices of the Supreme Court of Mississippi, convened for said purpose either in termtime or in vacation, and an order granted allowing the filing of such motion in the trial court. The procedure governing applications to the Supreme Court for leave to file a motion under this article shall be as provided in Section 99-39-27.
Laws, 1984, ch. 378, § 4; Laws, 2009, ch. 339, § 3, eff. 3/16/2009.
Notes of Decisions
Cited in
233
cases (
40 in the last 5 years), 1989–2026 · leading case:
Jackson v. State, 67 So. 3d 725 (Miss. 2011).
Jackson v. State, 67 So. 3d 725 (Miss. 2011).
· cites it 7× “2000); Miss. Code Ann. § 99-39-7 (Rev.2007)). ¶ 13.”
Knox v. State, 75 So. 3d 1030 (Miss. 2011).
· cites it 4× “Miss. Code Ann. § 99-39-7 (Supp. 2011). Because each inmate’s conviction and sentence had been reviewed on direct appeal, and no permission had been sought for filing a motion, the chancery court found that it lacked jurisdiction to consider any argument cognizable under the…”
Timothy Robert Ronk v. State of Mississippi, 267 So. 3d 1239 (Miss. 2019).
· cites it 2× “Miss. Code Ann. § 99-39-7 (Rev. 2015). Leave is granted only if the application, motion, exhibits, and prior record show that the claims are not procedurally barred and that they “present a substantial 4 showing of the denial of a state or federal right.”
Winfred Forkner v. State of Mississippi, 227 So. 3d 404 (Miss. 2017).
· cites it 3× “See Miss. Code Ann, 99-39-7 (Rev. 2015). The Court of Appeals also held, erroneously, that the circuit court’s lack of authority to entertain the motion deprived the Court of Appeals of jurisdiction over the appeal.”
Patrick Fluker v. State of Mississippi, 200 So. 3d 1148 (Miss. Ct. App. 2016).
· cites it 2× “See also Miss. Code Ann. § 99-39-7 (Rev. 2015) (A PCR motion “shall be filed as an original action in the trial court .”
Sykes v. State, 757 So. 2d 997 (Miss. 2000).
· cites it 2× “Miss.Code Ann. § 99-39-7 (1994). The Mississippi Rules of Civil Procedure apply to such proceedings, except where the act provides otherwise.”
Jackson v. State, 732 So. 2d 187 (Miss. 1999).
· cites it 2× “Miss.Code Ann. § 99-39-7 (1994). This Court may grant or deny any or all relief requested in the application or allow the filing of the motion in the trial court.”
Rashad J. Smith v. State of Mississippi, 275 So. 3d 100 (Miss. Ct. App. 2019).
· cites it 2× “Miss. Code Ann. § 99-39-7 (Rev. 2015) (providing that when the petitioner’s conviction and sentence have been affirmed on direct appeal, the petitioner must obtain leave of the Mississippi Supreme Court before filing a petition for post conviction relief in the circuit court).”
Michael Ducksworth v. State of Mississippi, 174 So. 3d 323 (Miss. Ct. App. 2015).
· cites it 4× “Ducksworth styled his filing a “Petition for Order to Show Cause or In the Alternative, Petition for Writ of Habeas Corpus,” and in it he argued that the Mississippi Parole Board 1 See Miss. Code Ann. § 99-39-7 (Supp. 2014). Ducksworth’s convictions were, in fact, from Forrest…”
Graham v. State, 85 So. 3d 847 (Miss. 2012).
· cites it 2× “Miss.Code Ann. § 99-39-7 (Supp.2011) (emphasis added).”
Jermaine Crump v. State of Mississippi, 237 So. 3d 808 (Miss. Ct. App. 2017).
· cites it 2× “See Miss. Code Ann. § 99-39-7 (Rev. 2015). As such, we decline to comment on the subject beyond stating counsel's desire to preserve the issue.”
Lori Griffin v. State of Mississippi, 269 So. 3d 337 (Miss. Ct. App. 2018).
· cites it 2× “See Miss. Code Ann. § 99-39-7 (Rev. 2015). 26 also attempts to minimize her culpability, claiming that she had “no intention to do bodily harm” and that Loftis “was the initial aggressor.”
— Miss. Code Ann. § 99-39-7(5) — 1 case
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