McDonall v. State, 55561
| Decision Date | 13 March 1985 |
| Docket Number | No. 55561,55561 |
| Citation | 465 So.2d 1077 |
| Parties | Ray McDONALL v. STATE of Mississippi. |
| Court | Mississippi Supreme Court |
Ray McDonall, pro se.
Edwin Lloyd Pittman, Atty. Gen. by Billy L. Gore, Asst. Atty. Gen., Jackson, for appellee.
Ray McDonall has appealed the denial of his petition for writ of habeas corpus by the Circuit Court of Lowndes County on the grounds that that court did not have jurisdiction to entertain the petition. The petition was brought pursuant to Rule 8.07, Uniform Rules of Circuit Court Practice.
The petition alleges that McDonall entered pleas of guilty to eight separate indictments for business burglary. He claims this was done at the urging of counsel, following threats from law enforcement officials. There are other allegations of deprivation of constitutional rights not necessary to recite here for the reasons set forth below.
Without an evidentiary hearing, the trial court entered eight separate orders finding that the petition should be filed in the Supreme Court of the State for review because the trial court was without jurisdiction of said petition at the time it was filed. Following that statement, the separate orders recited that the pleading styled "Writ of Habeas Corpus" be overruled and denied.
Miss.Code Ann. Sec. 99-35-101 (1972) specifically provides that "... an appeal from the circuit court to the supreme court shall not be allowed in any case where the defendant enters a plea of guilty." Jurisdiction to hear and determine post-conviction collateral relief efforts is in the court last having jurisdiction of the case. Dunn v. Reed, 309 So.2d 516 (Miss.1975); In Re Broom's Petition, 251 Miss. 25, 168 So.2d 44 (1964).
Dunn v. Reed held:
The convictions involved in Dunn's petition for writ of error coram nobis have not been affirmed on appeal by the Supreme Court. If follows that section 99-35-145(2) does not apply. The Circuit Court of Neshoba County had exclusive jurisdiction to entertain the petition for a writ, and it was error to dismiss the petition without an evidentiary hearing. 309 So.2d at 518.
See also, Sanders v. State, 440 So.2d 278 (Miss.1983).
By the passage of Chapter 378, General Laws of Mississippi, 1984, Miss.Code Ann. Secs. 99-39-1, et seq. (Supp.1984), the Legislature codified the provisions of law concerning postconviction relief by adopting the "Mississippi Uniform Post-Conviction Collateral Relief Act." Section 99-39-7 (Supp.1984) provides "The motion under this...
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Booker v. State
...filed by a convicted defendant who is precluded from taking a direct appeal by virtue of having entered a guilty plea. McDonall v. State, 465 So.2d 1077 (Miss.1985). The majority ignores the October 24, 1988, order of this Court wherein we noted our lack of jurisdiction and therefore dismis......
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Jackson v. State, No. 2008-CT-00074-SCT (Miss. 4/1/2010)
...the trial court. Miss. Code Ann. § 99-39-7 (Supp. 2009). See Martin v. State, 556 So. 2d 357, 359 (Miss. 1990) (citing McDonall v. State, 465 So. 2d 1077 (Miss. 1985)) ("In cases where the prisoner has entered a plea of guilty, the trial court has exclusive, original jurisdiction to hear an......
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Fleming v. State, 07-KP-59246
...Therefore, this appeal should be dismissed due to a lack of jurisdiction. See Miss.Code Ann. Sec. 99-39-7 (Supp.1989); McDonall v. State, 465 So.2d 1077, 1078 (Miss.1985). (having pled guilty, Fleming must resort first to the trial court). Fleming may seek production of the documents under ......
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Jackson v. State
...in the trial court. Miss.Code Ann. § 99–39–7 (Rev.2007). See Martin v. State, 556 So.2d 357, 359 (Miss.1990) (citing McDonall v. State, 465 So.2d 1077 (Miss.1985)) (“In cases where the prisoner has entered a plea of guilty, the trial court has exclusive, original jurisdiction to hear and de......