Mississippi 2024 Regular Session

Mississippi Senate Bill SB2614

Introduced
2/19/24  
Refer
2/19/24  
Engrossed
3/6/24  
Refer
3/11/24  

Caption

Uniform Post-Conviction Collateral Relief Act; amend certain provisions related to the filing of motions under.

Impact

The amendments proposed by SB 2614 directly affect the ability of individuals sentenced by a court of record in Mississippi to challenge their convictions or sentences on various legal grounds. By implementing a time limitation for filing motions based on newly discovered evidence, the bill aims to reduce the backlog of pending cases, allowing courts to prioritize more current issues. However, this could restrict individuals' ability to seek justice post-conviction if new evidence arises after the one-year deadline, potentially leading to unjust outcomes for some individuals.

Summary

Senate Bill 2614 amends the Mississippi Uniform Post-Conviction Collateral Relief Act, specifically targeting provisions relating to the filing of motions for post-conviction relief. Notably, the bill establishes a one-year time limit for certain exceptions, such as intervening decisions or newly discovered evidence. Additionally, it states that the ineffectiveness or incompetence of counsel during state collateral post-conviction proceedings cannot be grounds for relief, thereby streamlining the process for addressing post-conviction issues which proponents argue enhances judicial efficiency and expedites resolution of cases.

Sentiment

The sentiment around SB 2614 is mixed. Proponents, including certain legislative members, argue that the reforms are necessary for maintaining a streamlined judicial process and for preventing unnecessary delays in the adjudication of post-conviction applications. They believe that limiting grounds for relief will lead to a more efficient administration of justice. Conversely, opponents express concern that the bill disproportionately disadvantages petitioners, as it restricts their opportunities to seek remedies for wrongful convictions or to contest the effectiveness of legal counsel, which could undermine the fairness of the post-conviction process.

Contention

Significant points of contention relate to the provisions that prevent claims of ineffective counsel from being considered in post-conviction relief applications. Critics argue that this undermines the rights of defendants, particularly those who may not have received adequate representation during their original trial or post-conviction proceedings. Additionally, concerns have been raised regarding the strict one-year limitation on filing motions for certain claims, which some fear could lead to the dismissal of legitimate cases based on the timing of evidence discoveries or legal developments.

Companion Bills

No companion bills found.

Similar Bills

MS SB2346

Uniform Post-Conviction Collateral Relief Act; amend certain provisions related to the filing of motions under.

MS HB1253

Post-conviction collateral relief; require certain petitioners to obtain Supreme Court permission before filing in trial court.

MS HB1459

MS Uniform Post-Conviction Collateral Relief Act; bring forward.

MS HB692

Requests for DNA testing; clarify that they are excepted from bar on second or successive motions for post-conviction relief.

MS HB1033

Requests for DNA testing; clarify that they are excepted from bar on second or successive motions for post-conviction relief.

MS HB1445

MS Uniform Post-Conviction Collateral Relief Act; clarify that certain constitution rights are covered under.

MS SB2228

Conviction; clarify subsequent offense for certain crimes and post-conviction relief.

MS HB1553

Post-conviction collateral relief; require certain petitioners to obtain Supreme Court permission before filing in trial court.