2005 Regular Session
To: Judiciary B
By: Representative Fillingane
AN ACT TO AMEND SECTION 99-39-3, MISSISSIPPI CODE OF 1972, TO CLARIFY DIRECT APPEALS IN POST-CONVICTION PROCEEDINGS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-39-3, Mississippi Code of 1972, is amended as follows:
99-39-3. (1) 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 statutory writ of error coram nobis, supersedes Rule 8.07 of the Mississippi Uniform Criminal Rules of Circuit Court Practice and abolishes the common law writs relating to post-conviction collateral relief, including by way of illustration but not limitation, error coram nobis, error coram vobis, and post-conviction habeas corpus, as well as statutory post-conviction habeas corpus. The relief formerly accorded by such writs may be obtained by an appropriate motion under this article. The enactment of this article does not affect any pre-conviction remedies.
(2) Direct appeal shall be the principal means of reviewing all criminal convictions. The purpose of this article is to provide prisoners with a procedure, limited in nature, to review those objections, defenses, claims, questions, issues or errors which in practical reality could not be or should not have been raised at trial or on direct appeal.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.