Thomas J. Hooghe v. State of Mississippi , 2016 Miss. App. LEXIS 168 ( 2016 )

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2015-CP-00601-COA
THOMAS J. HOOGHE A/K/A THOMAS APPELLANT
HOOGHE A/K/A THOMAS JAMES HOOGHE
v.
STATE OF MISSISSIPPI APPELLEE
DATE OF JUDGMENT: 03/04/2015
TRIAL JUDGE: HON. JOHN HUEY EMFINGER
COURT FROM WHICH APPEALED: MADISON COUNTY CIRCUIT COURT
ATTORNEY FOR APPELLANT: THOMAS J. HOOGHE (PRO SE)
ATTORNEY FOR APPELLEE: OFFICE OF ATTORNEY GENERAL
BY: BILLY L. GORE
NATURE OF THE CASE: CIVIL - POSTCONVICTION RELIEF
TRIAL COURT DISPOSITION: MOTION FOR POSTCONVICTION RELIEF
DISMISSED
DISPOSITION: AFFIRMED - 03/29/2016
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
BEFORE IRVING, P.J., CARLTON AND JAMES, JJ.
JAMES, J., FOR THE COURT:
¶1. Thomas Hooghe appeals the summary dismissal of his motion for postconviction
relief (PCR). We find that the dismissal of Hooghe’s motion should be affirmed, without
prejudice, so that Hooghe may refile a procedurally proper PCR motion with the circuit court
within the applicable statute of limitations.
¶2. On September 22, 2014, Hooghe pled guilty in circuit court cause number 2014-258
to one count of motor-vehicle theft, as a subsequent motor-vehicle offender, and two counts
of grand larceny. In circuit court cause number 2014-413, he pled guilty to a single count
of grand larceny. In cause number 2014-258, Hooghe was sentenced as a subsequent
offender to fifteen years under count one for motor-vehicle theft; to ten years under count
two for grand larceny; and to ten years under count three for grand larceny. In cause number
2014-413, Hooghe was sentenced to ten years for the single count of grand larceny. All
sentences were ordered to run consecutively.
¶3. On December 30, 2014, Hooghe filed an unsworn PCR motion in the circuit court,
which he later amended. On February 9, 2015, Hooghe filed an unsworn amended PCR
motion. Hooghe’s unsworn motion raised several assignments of error. On March 4, 2015,
the circuit court summarily dismissed Hooghe’s PCR motion. The circuit court’s order stated
that under Mississippi Code Annotated section 99-39-11(2) (Rev. 2015), “it plainly appears
that [Hooghe] is not entitled to any relief and that the request should be dismissed.”
¶4. PCR motions must contain “[a] separate statement of the specific facts which are
within the personal knowledge of the petitioner and which shall be sworn to by the
petitioner[.]” Miss. Code Ann. § 99-39-9(1)(d) (Rev. 2015). Hooghe did not comply with
this provision because his PCR motion did not include a sworn statement of specific facts.
Moreover, PCR motions must be accompanied by a verified oath of the prisoner. Walton v.
State, 165 So. 3d 516, 522 (¶24) (Miss. Ct. App. 2015) (citing Miss. Code Ann. § 99-39-9(3)
(Rev. 2015)). Hooghe’s PCR motion did not comply with Mississippi Code Annotated
section 99-39-9(3) because it was not accompanied by a verified oath.
¶5. “Although this Court has often acknowledged that meritorious claims of pro se
petitioners will not be avoided based on inartfully drafted pleadings, we have instructed that
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petitioners, even if proceeding pro se, must comply with the dictates of section
99-39-9(1)(d)-(e).” Chapman v. State, 47 So. 3d 203, 207 (¶15) (Miss. Ct. App. 2010)
(citing Taylor v, State, 984 So. 2d 372, 373 (¶¶2-3) (Miss. Ct. App. 2008); Winston v. State,
893 So. 2d 274, 275 (¶4) (Miss. Ct. App. 2005)). It is plain from the face of the motion that
Hooghe is not entitled to any relief because his PCR motion was not sworn to and did not
contain a verified oath as required by Mississippi Code Annotated section 99-39-9(1)(d) and
(3).
¶6. Therefore, the dismissal of Hooghe’s PCR motion is affirmed, without prejudice, so
that he may refile a procedurally proper motion in compliance with Mississippi Code
Annotated section 99-39-9. See Taylor, 984 So. 2d at 373 (¶3).
¶7. THE JUDGMENT OF THE MADISON COUNTY CIRCUIT COURT
DISMISSING THE MOTION FOR POSTCONVICTION RELIEF IS AFFIRMED.
ALL COSTS OF THIS APPEAL ARE ASSESSED TO MADISON COUNTY.
LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, ISHEE, CARLTON, FAIR
AND WILSON, JJ., CONCUR. GREENLEE, J., NOT PARTICIPATING.
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