The Mississippi Supreme Court handed down just one opinion today, but it was a significant decision in the PCR arena. Of great interest to civil practitioners, the Supreme Court also amended Rule 37 and Rule 45 of the Mississippi Rules of Civil Procedure. The amendments to Rule 45 should make life easier, especially for paralegals and the circuit clerks’ offices.
Howell v. State, 2020-CA-00868-SCT (Civil – PCR)
Affirming denial of a motion for PCR, overruling Rowland and holding that the plaintiff could not overcome the statute of limitations bar by asserting a fundamental-rights exception and holding that the petition otherwise lacked merit.
(7-3: Justice Kitchens dissented, joined by Justice King and Justice Ishee)
NOTE – Here is the language overruling Rowland:
ANOTHER NOTE – When both the majority and dissent cite Newell v. State you know its a classic, Mississippi separation of powers throw-down.
In Re: The Rules of Civil Procedure, 89-R-99001-SCT
Amending Rule 37 and Rule 45 of the Mississippi Rules of Civil Procedure. Both amendments will impact civil practice and need to be studied and accounted for once they take effect. The big news from my perspective is that the amended Rule 45 provides a mechanism for attorneys to issue subpoenas in their cases not unlike the federal court rule. See the text of the amended rule and comment below for the details.
Here is the En Banc Order with the amended Rule 37 attached:
Here is the same for Rule 45:
Other Orders
Butler v. State, 2020-CT-00806-SCT (dismissing cert that had previously been granted)
Nelson v. State, 2020-M-01417 (denying application for leave to proceed in the trial court, finding it frivolous, and restricting the petitioner from filing further PCR petitions in forma pauperis)
Camphor v. State, 2021-CT-00048-SCT (denying cert)
Fisher v. State, 2021-KA-00828-SCT (denying rehearing)
Anderson v. State, 2022-M-00582 (denying motion for PCR, finding it frivolous, and warning against future frivolous filings)
In Re: Administrative Orders of the Supreme Court of Mississippi, 2023-AD-00001-SCT (directing the disbursement of $148,438.33 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services)
Mississippi Appeals Blog 