189 So.3d 612 (Miss. 2015), 2015-IA-00975-SCT, Corrothers v. State

Docket Nº:2015-IA-00975-SCT
Citation:189 So.3d 612
Opinion Judge:JAMES W. KITCHENS, Judge
Party Name:CALEB CORROTHERS a/k/a CALEB CARROTHERS a/k/a CALBE CAROTHER a/k/a CALEB L. CARROTHERS a/k/a CALEB COROTHERS a/k/a CALAB CAROTHERS v. STATE OF MISSISSIPPI
Judge Panel:JAMES W. KITCHENS, JUSTICE. AGREE: DICKINSON, P.J., PIERCE, KING AND LAMAR, JJ. CHANDLER, J., OBJECTS WITH SEPARATE WRITTEN STATEMENT, JOINED BY WALLER, C.J., AND RANDOLPH, P.J. COLEMAN, J., DISAGREES. JAMES W. KITCHENS, JUSTICE AGREE: DICKINSON, P.J., PIERCE, KING AND LAMAR, JJ. COLEMAN, JUSTICE...
Case Date:September 10, 2015
Court:Supreme Court of Mississippi
 
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Page 612

189 So.3d 612 (Miss. 2015)

CALEB CORROTHERS a/k/a CALEB CARROTHERS a/k/a CALBE CAROTHER a/k/a CALEB L. CARROTHERS a/k/a CALEB COROTHERS a/k/a CALAB CAROTHERS

v.

STATE OF MISSISSIPPI

No. 2015-IA-00975-SCT

Supreme Court of Mississippi

September 10, 2015

         As Corrected September 18, 2015.

          JAMES W. KITCHENS, JUSTICE. AGREE: DICKINSON, P.J., PIERCE, KING AND LAMAR, JJ. CHANDLER, J., OBJECTS WITH SEPARATE WRITTEN STATEMENT, JOINED BY WALLER, C.J., AND RANDOLPH, P.J. COLEMAN, J., DISAGREES.

          OPINION

         CORRECTED ORDER

         JAMES W. KITCHENS, Judge

         This matter is before the Court, en banc, on Caleb Corrothers's " Petition for Permission to Appeal [the] Circuit Court's Order Requiring Disclosure of Youth Court and DHS Records to the State," Motion Number 2015-2838, filed June 24, 2015. This petition was filed pursuant to Rule 5(a) of the Mississippi Rules of Appellate Procedure.

         On May 19, 2011, Corrothers was convicted in the Circuit Court of Lafayette County of two counts of capital murder with the underlying felony of robbery and was sentenced to death. In the same trial, Corrothers was convicted of aggravated assault as an habitual criminal and was sentenced to life imprisonment on that charge. This Court affirmed Corrothers's convictions and sentences in Corrothers v. State, 148 So.3d 278 (Miss. 2014), and denied Corrothers's Motion for Rehearing on October 23, 2014. This Court's mandate issued on October 30, 2014. The Mississippi Office of Post-Conviction Counsel was appointed to assist Corrothers in preparing and filing his petition for post-conviction

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relief, which must be filed in this Court on or before October 5, 2015.

         M.R.A.P. 22(c)(4), which governs the time between the appointment of counsel and the filing of a petition for postconviction relief, allows the petitioner's lawyers access to " discovery and compulsory process" for the purpose of gaining access in support of the petition for post-conviction relief. MRAP 22 (c)(4)(ii). Under this rule, on March 23, 2015, Corrothers's counsel filed a Motion for Discovery in the Circuit Court of Lafayette County, in which Corrothers sought leave to seek an order from the Youth Court of Lafayette County for the purpose of " obtaining Department of Human Services and Youth Court records, which may prove to be pertinent to Petitioner's case." Corrothers also sought subpoenas from local news stations for video footage related to his case. The State, in response, filed a motion for " reciprocal discovery," whereby the State sought access to the videotapes Corrothers might receive from local news stations and records which Corrothers might receive from the Youth Court of Lafayette County. On June 3, 2015, the Circuit Court of Lafayette County granted both Corrothers's motion for discovery and the State's motion for reciprocal discovery. The Court held that: [The] Petitioner shall, upon receipt, provide counsel for Respondent within forty-eight (48) hours, true and complete copies of any and all video footage, photographs, and online news articles pertinent to Petitioner's arrest, the investigation of the crimes for which Petitioner was convicted, and Petitioner's trial obtained by or on Petitioner's behalf . . . [,] true and complete copies of any and all records that is/are obtained by or on behalf of Petitioner from the Mississippi Department of Human Services and/or any other individual agency which is/are obtained pursuant to an order entered by the Youth Court of...

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