Sam Bradford, Sr. v. State of Mississippi , 2017 Miss. App. LEXIS 427 ( 2017 )


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  •         IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
    NO. 2016-CP-01058-COA
    SAM BRADFORD, SR. A/K/A SAM BRADFORD                                        APPELLANT
    v.
    STATE OF MISSISSIPPI                                                          APPELLEE
    DATE OF JUDGMENT:                          07/07/2016
    TRIAL JUDGE:                               HON. LAMAR PICKARD
    COURT FROM WHICH APPEALED:                 JEFFERSON COUNTY CIRCUIT COURT
    ATTORNEY FOR APPELLANT:                    SAM BRADFORD SR. (PRO SE)
    ATTORNEY FOR APPELLEE:                     OFFICE OF THE ATTORNEY GENERAL
    BY: BILLY L. GORE
    NATURE OF THE CASE:                        CIVIL - POSTCONVICTION RELIEF
    TRIAL COURT DISPOSITION:                   DISMISSED MOTION FOR
    POSTCONVICTION RELIEF
    DISPOSITION:                               AFFIRMED - 08/01/2017
    MOTION FOR REHEARING FILED:
    MANDATE ISSUED:
    BEFORE LEE, C.J., BARNES AND CARLTON, JJ.
    LEE, C.J., FOR THE COURT:
    ¶1.    This appeal concerns whether the trial court erred in dismissing Sam Bradford’s
    motion for postconviction relief (PCR) for lack of jurisdiction. Finding no error, we affirm.
    PROCEDURAL HISTORY
    ¶2.    Bradford was convicted of murder in 2004 in the Jefferson County Circuit Court and
    sentenced to life in the custody of the Mississippi Department of Corrections. Bradford
    appealed, and this Court affirmed his conviction. See Bradford v. State, 
    910 So. 2d 1232
    ,
    1234 (¶11) (Miss. Ct. App. 2005). Bradford subsequently sought permission two separate
    times from the Mississippi Supreme Court for leave to proceed in the trial court as required
    by Mississippi Code Annotated section 99-39-7 (Rev. 2015). The supreme court denied both
    of Bradford’s requests.
    ¶3.        Bradford has since filed other requests for relief in the trial court, which have been
    denied due to lack of jurisdiction. This Court has affirmed the trial court’s decisions. See
    Bradford v. State, 
    158 So. 3d 1202
    , 1204 (¶9) (Miss. Ct. App. 2015); Bradford v. State, 
    116 So. 3d 164
    , 165-66 (¶9) (Miss. Ct. App. 2012).
    ¶4.        In 2016, Bradford filed another motion in the trial court seeking clarification of his
    sentence. Since Bradford had not sought leave to file the motion, the trial court dismissed
    the motion for lack of jurisdiction. Bradford now appeals, arguing that his sentence was
    illegal.
    STANDARD OF REVIEW
    ¶5.        When reviewing a trial court’s denial or dismissal of a PCR motion, we will only
    disturb the trial court’s decision if it is clearly erroneous; however, we review the trial court’s
    legal conclusions under a de novo standard of review. Hughes v. State, 
    106 So. 3d 836
    , 838
    (¶4) (Miss. Ct. App. 2012).
    DISCUSSION
    ¶6.        As previously stated, this Court affirmed Bradford’s conviction and sentence in 2005.
    And pursuant to section 99-39-7, Bradford was required to seek permission from the supreme
    court before filing his PCR motion in the trial court. Bradford failed to do so; thus, the trial
    court properly dismissed his PCR motion for lack of jurisdiction.
    ¶7.        AFFIRMED.
    2
    IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, FAIR, WILSON,
    GREENLEE AND WESTBROOKS, JJ., CONCUR.
    3
    

Document Info

Docket Number: NO. 2016-CP-01058-COA

Citation Numbers: 223 So. 3d 852, 2017 WL 3263328, 2017 Miss. App. LEXIS 427

Judges: Lee, Barnes, Carlton, Irving, Griffis, Ishee, Fair, Wilson, Greenlee, Westbrooks

Filed Date: 8/1/2017

Precedential Status: Precedential

Modified Date: 10/19/2024