McCoy v. State
McCoy v. State
Opinion of the Court
for the Court:
¶ 1. Broderick McCoy pled guilty to sexual battery in 2006. He received a ten-year sentence, with credit for six months already served pending trial, and nine and one-half years to be served on post-release supervision. In 2010, McCoy was caught on his way to a scrap yard with six manhole covers that had recently been stolen from a construction site. He was arrested and indicted for grand larceny, and his suspended sentence was revoked. The grand larceny charge was subsequently dismissed.
¶ 2. Since then, McCoy has apparently attempted to file numerous challenges to the revocation,
¶ 3. The Mississippi Uniform Post-Conviction Collateral Relief Act abolishes and replaces “the common law writs relating to post-conviction collateral relief.” Miss. Code Ann. § 99-39-3(1) (Rev. 2015). It provides “an exclusive and uniform procedure for the. collateral review of convictions and sentences.” Id. (emphasis added). A post-conviction relief motion under the Act “shall be filed as an original civil action.” Miss.Code Ann. § 99-39-7 (Rev. 2015).
¶ 4. While the circuit court could have ordered that McCoy’s petition be filed as an original civil action seeking post-conviction relief, it did not do so. Consequently, the circuit court had no jurisdiction to enter an order adjudicating McCoy’s right to post-conviction relief. Latiker v. State, 991 So.2d 1239, 1240-41 (¶¶ 7-8) (Miss.Ct.App. 2008). We vacate the circuit court’s judgment.
¶ 5. THE JUDGMENT OF THE CIRCUIT COURT OF FRANKLIN COUNTY IS VACATED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO FRANKLIN COUNTY.
. We say "apparently” because they are referenced in the circuit court's order, but despite being relied upon by the State in its brief, they have not been made a part of the record,
. The full title of the filing is "Petition For Writ of Habeas Corpus / Motion to Vacate Revocation of PRS / Motion to Clarify Sentence.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.