Lacey v. State

4 Citing cases

  1. Rice v. State

    189 So. 3d 722 (Miss. Ct. App. 2016)   Cited 3 times

    The “[f]ailure to obtain permission from the supreme court deprives the trial court and this Court of jurisdiction.” Lacey v. State, 29 So.3d 786, 788 (¶ 7) (Miss.Ct.App.2009) (citations omitted). Furthermore, “the dismissal or denial by the supreme court of an application for leave to proceed in the trial court is a final judgment and bars successive applications under the statute.”

  2. Franklin v. McClure

    Civil Action 3:22-cv-599-CWR-MTP (S.D. Miss. Feb. 13, 2023)

    The “[f]ailure to obtain permission from the supreme court deprives the trial court and this Court of jurisdiction.” Rice v. State, 189 So.3d 722, 725 (Miss. Ct. App. 2016) (citing Lacey v. State, 29 So.3d 786, 788 (Miss. Ct. App. 2009)). Because the Court lacks jurisdiction to hear this matter, the Court finds that Petitioner's Motion should be dismissed.

  3. Havard v. State

    83 So. 3d 452 (Miss. Ct. App. 2012)   Cited 3 times

    Id. at (¶ 7) (quoting Epps v. State, 837 So.2d 243, 245 (¶ 6) (Miss.Ct.App.2003)). See Lacey v. State, 29 So.3d 786, 787–88 (¶¶ 7–8) (Miss.Ct.App.2009). ¶ 7. Because Havard failed to comply with the jurisdictional requirements of Mississippi Code Annotated section 99–39–7, the trial court was without jurisdiction to decide Havard's PCR motion.

  4. McKenzie v. State

    66 So. 3d 1274 (Miss. Ct. App. 2011)   Cited 14 times
    In McKenzie and Walker, this Court stated that a person challenging a decision or policy of the MDOC must first seek administrative review before turning to the courts.

    Thus, we are without jurisdiction, as was the trial court, to consider his challenge to the legality of his sentence. See Lacey v. State, 29 So.3d 786, 788 (¶ 7) (Miss.Ct.App. 2009). We note that on March 30, 2010, the supreme court dismissed McKenzie's request to compel the trial court to rule on his "Motion for an Order for Time Served," finding the request moot, as the trial court had already ruled on the motion.