Forkner v. Mississippi

Years after his direct appeal was affirmed by the Court of Appeals, Winfred Forkner filed a motion for postconviction relief. The circuit court denied the motion as untimely. Forkner appealed, and the Court of Appeals found that the circuit court was without authority to adjudicate the appeal because Forkner had not obtained the required permission from the Mississippi Supreme Court to file his motion for post-conviction relief in the circuit court. The Court of Appeals also held, erroneously, that the circuit court’s lack of authority to entertain the motion deprived the Court of Appeals of jurisdiction over the appeal. The Court of Appeals then dismissed the appeal, thus allowing the circuit court’s erroneous judgment to stand. The Supreme Court found that because the Court of Appeals did have jurisdiction to consider the lawfulness of the circuit court’s judgment, it erroneously dismissed Forkner’s appeal. Therefore, it reversed the Court of Appeals. Because the circuit court lacked authority to entertain Forkner’s motion, as the Court of Appeals rightly determined, the Supreme Court vacated the circuit court’s judgment. View "Forkner v. Mississippi" on Justia Law