No. 23-7358

Eric LaQuinne Brown v. Mississippi

Lower Court: Mississippi
Docketed: 2024-05-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: brown-v-state constitutional-error due-process fourteenth-amendment howell-v-state mississippi post-conviction-relief procedural-rule retroactive-application upccra
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2024-06-06
Question Presented (AI Summary)

Is it a Due Process violation, to apply a 2023 decision (Howell v. State.) case holding, that abolishment of the exception to Mississippi's procedural rule UPCCRA, to a pending case that was originally filed July 14, 2020?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED Is it a Due Process violation, to apply a 2023, decision (Howell v. State.)* case holding, that abolishment of the exception to Mississippi’s procedural rule UPCCRA, to a pending case that was originally filed July 14, 2020? The Mississippi Supreme Court refused to address the issue, despite Mississippi Supreme Court made the decision to abolish the exceptions to their Mississippi* procedural bars. Brown argues: that he has been deprived of any avenue of review for correcting constitutional errors that would vitiate the validity of his conviction and sentence without a notice. Thus, this is a clear Due Process violation that Mississippi Courts caused,* | «4 W, Blackstone, Commentaries on the Laws of England 197-198 (1769).” The Supreme Court of Mississippi abolished the procedural rule as it had existed at common law in Mississippi and applied its decision to petitioner to affirm his guilty plea. The question before this U.S. Supreme Court is whether, in doing so, the court denied petitioner due process of law by not notifying he of the changes before he filed his last Post-Conviction Motion in violation of the Fourteenth Amendment.” , 2 Howell v. State, 358 So. 3d 613 (Miss. 2023) : : . 3 Mississippi’s UPCCRA, (§ 99-39-5 (2), §99-39-23 (6)) 4 Brown v. State, 2022-CT-00069-SCT, (Thursday, 18" day of December, 2024); also see Silvia v. State, 175 So.3d 533 (2015). 2 .

Docket Entries

2024-06-10
Petition DENIED.
2024-05-22
DISTRIBUTED for Conference of 6/6/2024.
2024-05-17
Waiver of right of respondent Mississippi to respond filed.
2024-03-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 31, 2024)

Attorneys

Eric LaQuinne Brown
Eric Laquinne Brown — Petitioner
Eric LaQuinne Brown — Petitioner
Mississippi
Ashley Lauren SulserOffice of the Mississippi Attorney General, Respondent
Ashley Lauren SulserOffice of the Mississippi Attorney General, Respondent