§ 99-39-1. Short title
This article shall be known and may be cited as the “Mississippi Uniform Post-Conviction Collateral Relief Act.”
§ 99-39-11. Judicial examination of original motion; dismissal; filing answer; court ordered testing of biological evidence
The original motion, together with all the files, records, transcripts and correspondence relating to the judgment under attack, shall be examined promptly by the judge to whom it is assigned. If it plainly appears from the face of the motion, any annexed exhibits and the prior proceedings in the case that the movant is not […]
§ 99-39-13. Answer; affirmative defenses
The answer shall respond to all of the allegations of the motion and shall assert such affirmative defenses as the state may deem appropriate.
§ 99-39-15. Requests for discovery
A party may invoke the processes of discovery available under the Mississippi Rules of Civil Procedure or elsewhere in the usages and principles of law if, and to the extent that, the judge in the exercise of his discretion and for good cause shown grants leave to do so, but not otherwise. Requests for discovery […]
§ 99-39-17. Expansion of record
If the motion is not dismissed summarily, the judge may direct that the record be expanded by the parties by the inclusion of additional materials relevant to the determination of the merits of the motion. The expanded record may include, without limitation, letters predating the filing of the motion in the court, documents, exhibits and […]
§ 99-39-19. Evidentiary hearing; summary judgment
If the motion is not dismissed at a previous stage of the proceeding, the judge, after the answer is filed and discovery, if any, is completed, shall, upon a review of the record, determine whether an evidentiary hearing is required. If it appears that an evidentiary hearing is not required, the judge shall make such […]
§ 99-39-21. Procedural waiver of objections, defenses, claims; collateral estoppel; res judicata; burden of proof
Failure by a prisoner to raise objections, defenses, claims, questions, issues or errors either in fact or law which were capable of determination at trial and/or on direct appeal, regardless of whether such are based on the laws and the Constitution of the state of Mississippi or of the United States, shall constitute a waiver […]
§ 99-39-23. Conduct of evidentiary hearing; right to counsel; finality of order as bar to subsequent motions; burden of proof; appointment of postconviction counsel in death penalty cases
If an evidentiary hearing is required, the judge may appoint counsel for a petitioner who qualifies for the appointment of counsel under Section 99-15-15. The hearing shall be conducted as promptly as practicable, having regard for the need of counsel for both parties for adequate time for investigation and preparation. The parties shall be entitled […]
§ 99-39-25. Right to appeal; stay of judgment; bail on appeal
A final judgment entered under this article may be reviewed by the supreme court of Mississippi on appeal brought either by the prisoner or the state on such terms and conditions as are provided for in criminal cases. A perfection of appeal by the state shall act as a supersedeas and shall stay the judgment […]
§ 99-39-27. Application to Supreme Court for leave to proceed in trial court; grant of relief; dismissal or denial as res judicata
The application for leave to proceed in the trial court filed with the Supreme Court under Section 99-39-7 shall name the State of Mississippi as the respondent. The application shall contain the original and two (2) executed copies of the motion proposed to be filed in the trial court together with such other supporting pleadings […]
§ 99-39-28. Supreme Court to establish rules for post-conviction proceedings in capital cases
If application to proceed in the trial court is granted, post-conviction proceedings on cases where the death penalty has been imposed in the trial court and appeals from the trial court shall be conducted in accordance with rules established by the Supreme Court.
§ 99-39-29. Stay of death penalty execution
If the prisoner or prisoners shall be under sentence of death and the date fixed for the execution of the sentence shall arrive at a time when proceedings for post-conviction collateral relief are pending, either in the state or the federal courts, the Supreme Court of Mississippi shall have the authority to stay the execution […]
§ 99-39-3. Purpose
The purpose of this article is to revise, streamline and clarify the rules and statutes pertaining to post-conviction collateral relief law and procedures, to resolve any conflicts therein and to provide the courts of this state with an exclusive and uniform procedure for the collateral review of convictions and sentences. Specifically, this article repeals the […]
§ 99-39-5. Grounds for relief; time limitations; “biological evidence” defined
Any person sentenced by a court of record of the State of Mississippi, including a person currently incarcerated, civilly committed, on parole or probation or subject to sex offender registration for the period of the registration or for the first five (5) years of the registration, whichever is the shorter period, may file a motion […]
§ 99-39-7. Filing motion in trial court; filing motion to proceed in trial court with supreme court
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 […]
§ 99-39-9. Requirements of motion and service
A motion under this article shall name the State of Mississippi as respondent and shall contain all of the following: The identity of the proceedings in which the petitioner was convicted. The date of the entry of the judgment of conviction and sentence of which complaint is made. A concise statement of the claims or […]