No. 22-5413

Roderick Taylor v. Mississippi

Lower Court: Mississippi
Docketed: 2022-08-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-claims criminal-conviction due-process federal-treaties ineffective-assistance ineffective-assistance-of-counsel post-conviction-relief procedural-bar strickland-v-washington
Key Terms:
Environmental SocialSecurity Immigration
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether Miss. Code Ann. 99-39-21 was unreasonably used to bar petitioner's fundamental issues of severe importance revolving around federal treaties

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW WHETHER MISS. CODE ANN. 99-39-21 WAS UNREASONABLY USED THE BAR TO PETITIONER’S FUNDAMENTAL ISSUES OF SEVERE IMPORTANCE THAT WHICH REVOLVES AROUND FEDERAL TREATIES WHETHER THE UNITED STATES CONSTITUTION AND OTHER FEDERAL TREATIES CITED IN THE PETITIONER’STATE FILINGS PROHIBIT THE CONVICTION OF AN ACCUSED WHERE THE TRIAL RECORD FAILS TO SUPPORT THE CONVICTION ANS SENTENCE WHETHER APPELLATE’S COUNSEL FAILURE TO RAISE THE ISSUES PRESENTED THEREIN HIS MOTITON FOR POST CONVICTION COLLATERAL RELIEF, INCLUDING THE ISSUES RELATING TO THE SUFFICIENCY AND WEIGHT OF THE EVIDENCE ON DIRECT APPEAL HAS RESULTED IN THE ISSUES BEING PROCEDURALLY BARRED, UNDER CIRCUMSTANCES WHERE IN THE ISSUES WOULD HAVE WARRANTED RELIEF HAD THEY BEEN PRESENTED IS SUFFICIENT IN ITSELF TO MEET THE STANDARDS OF STRICKLAND V. WASHINGTON ’ A. JURISDICTION ; a) The Petitioner received his first notice that the Mississippi Supreme entered an Order denying relief from his motion for reconsideration of his Post Conviction Collateral Relief Motion and/or in alternate grant permission to Proceed to the United States Supreme Court upon Writ of Certiorari. Notice of the order was received by your Petitioner March 14. 2022. SEE ATTACHMENT.. attached hereto. Until this date the Mississippi Supreme Court has failed to grant or deny the Petitioner's request to proceed to this Honorable Court. . b) This Court's jurisdiction is invoked pursuant to 28 U.S.C. §1257(a). B. THE PARTIES : a) The Petitioner is Roderick Taylor. who 1s confined at the South Mississippi Correctional Institution in Leakesville. Mississippi. Petitioner is indigent and proceeding pro . se. . b) The Respondent is Burl Cain. Commissioner of Corrections/State of Mississippi. 1. Roderick Taylor was convicted. following a trial. in the Circuit Court of Hinds County. Mississippi, before Honorable Jeff Weill, Circuit Court Judge. presiding. for the offense of Aggravated Domestic Involvement and sentenced to serve a life sentence, without the possibility of parole. in the custody of the Mississippi Department of Corrections. The vietim testified at trial that the Petitioner was not the person who had assaulted her in the presence of the jury. No other witness testified that they had witnessed the victim being assaulted by the Petitioner. He still presently stands convicted for the offense(s) and is currently serving a life sentence without the possibility of parole. 2. Taylor initially appealed to the Mississippi Supreme Court on direct appeal which affirmed his convictions and sentences. Your Petitioner then timely presented his Post ‘ Conviction Collateral Relief Motion. specifically addressing his fundamental issues that which | were afforded poor or no reasonable consideration at all. The state court declined to afford the Petitioner any redress of his fundamental issues of severe importance and yet rejected the consideration of the issues pursuant to the Mississippi procedural bars and/or appellate counsel's failure to present the issues on direct appeal. ; 3. Taylor's post-conviction motion has been denied in the State Court in absence of any consideration of his federal issues that were presented being considered. The issues hold merit on a federal basis and at minimal should warrant a reasonable consideration. No bar should be allowed to supersede the consideration of certain federal issues. This lies so especially when the issues are timely presented and clearly revolve around substantial Federal Treaties of Law. Federal Rules Crim.Proc. 52(b)., U.S.C.A. S".6" 14%, Dp. ISSUES AND ARGUMENT Petitioner had respectfully moved the Mississippi Supreme court to reconsider it’s opinion, with the 1%,5", 6%, 8", 14 Amendments of the United States Constitution and the Federal Rules of Evidence in support thereof. The highest State Court entered it’s order denying the Motion for Leave to Proceed in the Trial court, including the asserted request for the court to take judicial notice p

Docket Entries

2022-10-03
Petition DENIED.
2022-09-01
DISTRIBUTED for Conference of 9/28/2022.
2022-08-31
Waiver of right of respondent Mississippi to respond filed.
2022-05-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2022)

Attorneys

Mississippi
Ashley Lauren SulserOffice of the Mississippi Attorney General, Respondent
Roderick Taylor
Roderick Taylor — Petitioner