Jerome Van, Jr. v. State of Mississippi
Jerome Van, Jr. v. State of Mississippi
Opinion
¶ 1. The Madison County Circuit Court dismissed Jerome Van's third motion for post-conviction relief (PCR). Van appeals. He asserts that: (1) he received ineffective assistance of counsel; and (2) his fundamental right to be free from an unlawful sentence was violated. We affirm the circuit court's order and find the PCR motion was properly dismissed.
FACTS AND PROCEDURAL HISTORY
¶ 2. A grand jury indicted Van for armed carjacking, armed robbery, kidnapping, felony evasion, possession of a stolen firearm, and conspiracy to commit armed robbery. Van avoided jury trial and pled guilty to armed carjacking, armed robbery, and kidnapping. The Madison County Circuit Court sentenced him to concurrent terms of thirty years for armed carjacking, fifty years with twenty suspended for armed robbery, and thirty years for kidnapping in the custody of the Mississippi Department of Corrections. The judgment of conviction was entered in August 2012.
¶ 3. Van began his successive PCR motions shortly after. He filed his first in October 2013. The circuit court denied it. He filed his second in September 2015. Again, the circuit court denied it. This is his third, which he filed in April 2017. The circuit court dismissed this PCR as well. In his appeal, Van claims that procedural bars do not apply because: (1) he received ineffective assistance of counsel; and (2) his fundamental right to be free from an unlawful sentence has been violated. We affirm the circuit court's dismissal of Van's PCR.
STANDARD OF REVIEW
¶ 4. We reverse PCR dismissals only if we find the decision "clearly erroneous."
Duncan v. State
,
DISCUSSION
¶ 5. Under the Uniform Post-Conviction Collateral Relief Act (UPCCRA)-codified in title 99, chapter 39 of our State code-a PCR motion is timely only if filed within three years after entry of the judgment of conviction.
Smith v. State
,
¶ 6. Additionally, the UPCCRA bars successive PCR motions after a court denied or dismissed a PCR motion.
Duncan
,
¶ 7. But Van's PCR motion contains both an ineffective-assistance-of-counsel claim and a fundamental-right claim, each of which can overcome procedural bars. Therefore, we address both of those claims below.
I. Can Van's ineffective-assistance-of-counsel claim overcome procedural bars?
¶ 8. Van asserts that because his attorney did not object to a fatally defective indictment or advise him that the victim's name is an essential element for an indictment, he received ineffective assistance of counsel.
¶ 9. "The Mississippi Supreme Court has consistently held that the UPCCRA's procedural bars apply to [PCR] claims based on ineffective assistance of counsel."
Stokes
,
¶ 10. Furthermore, during the plea hearing, Van indicated that he was satisfied with his attorney and did not wish to make any complaints against her. He acknowledged his participation in the armed carjacking, armed robbery, and kidnapping. "Where a defendant does not question his guilt, nor does he suggest any impairment to any defense which might have been available to him, this Court has declined to hold that such defendant received ineffective assistance of counsel."
II. Can Van's fundamental-right claim overcome procedural bars?
¶ 11. Van claims that procedural bars should not apply because his fundamental right to be free from an unlawful sentence has been violated. Van is correct in his assertion that fundamental-right violations overcome procedural bars.
Carter v. State
,
CONCLUSION
¶ 12. Neither Van's ineffective-assistance-of-counsel argument nor his fundamental-right argument in his PCR motion overcome the procedural bars imposed under the UPCCRA. His PCR motion is time barred and successive-writ barred. We affirm the circuit court's dismissal of this PCR motion.
¶ 13. AFFIRMED.
LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, CARLTON, FAIR, WILSON, WESTBROOKS AND TINDELL, JJ., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.