¶5. "A circuit court may summarily dismiss a PCR motion without an evidentiary hearing ‘if it plainly appears from the face of the motion, any annexed exhibits, and the prior proceedings in the case that the movant is not entitled to any relief.’ " Porter v. State , 271 So. 3d 731, 732 (¶3) (Miss. Ct. App. 2018) (quoting Miss. Code Ann. § 99-39-11(2) (Rev. 2015)). "[D]ismissal of a PCR motion is proper where it appears beyond a doubt that the movant can prove no set of facts in support of his claim which would entitle him to relief."
The Mississippi Court of Appeals agreed, finding that Porter's claims did not implicate any fundamental constitutional rights violations. Porter v. State, 271 So. 3d 731 (Miss. Ct. App. 2018). Porter's instant 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus was received on August 7, 2019, but it was signed on July 24, 2019 (ECF No. 1).
"[T]his Court will affirm the summary dismissal of a PCR motion if the movant fails to demonstrate a claim is procedurally alive substantially showing the denial of a state or federal right." Porter v. State, 271 So.3d 731, 732 (¶3) (Miss. Ct. App. 2018) (quoting Pinkney, 192 So.3d at 341-42 (¶13)).
"[T]his Court will affirm the summary dismissal of a PCR motion if the movant fails to demonstrate a claim is procedurally alive substantially showing the denial of a state or federal right." Porter v. State , 271 So. 3d 731, 732 (¶3) (Miss. Ct. App. 2018) (quoting Pinkney , 192 So. 3d at 341-42 (¶13) ). DISCUSSION
Id . "A circuit court may summarily dismiss a PCR motion without an evidentiary hearing ‘if it plainly appears from the face of the motion, any annexed exhibits, and the prior proceedings in the case that the movant is not entitled to any relief ....’ " Porter v. State , 271 So. 3d 731, 732 (¶3) (Miss. Ct. App. 2018) (quoting Miss. Code Ann. § 99-39-11(2) (Rev. 2015)). DISCUSSION
¶4. "A circuit court may summarily dismiss a PCR motion without an evidentiary hearing ‘if it plainly appears from the face of the motion, any annexed exhibits, and the prior proceedings in the case that the movant is not entitled to any relief.’ " Porter v. State , 271 So. 3d 731, 732 (¶3) (Miss. Ct. App. 2018) (quoting Miss. Code Ann. § 99-39-11(2) ). We "will affirm the summary dismissal of a PCR motion if the movant fails to demonstrate a claim is procedurally alive substantially showing the denial of a state or federal right."
¶13. Mississippi case law allows movants "one bite at the apple when requesting PCR." Porter v. State , 271 So. 3d 731, 733 (¶5) (Miss. Ct. App. 2018). Upon review, we agree with the circuit court's denial of Bester's third PCR petition as an attempt to relitigate issues already decided by the Supreme Court.
However, subsequently filed motions—including another appeal from the dismissal of a PCR motion—have found their way to this Court and our supreme court. In Porter v. State , 2018-CP-00324-COA, 271 So.3d 731, 732–33, 2018 WL 6498406, at *1 (Miss. Ct. App. Dec. 11, 2018), this Court dismissed Porter's fourth PCR motion and found that "Porter's claims do not implicate any fundamental constitutional rights violations." Id. at 733, 2018 WL 6498406 at *2 (¶ 7).