Mississippi 2025 Regular Session

Mississippi Senate Bill SB2346

Introduced
1/20/25  
Refer
1/20/25  

Caption

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

Impact

If enacted, SB2346 will alter the landscape of post-conviction relief in the state. It establishes stricter time frames for individuals seeking relief based on newly discovered evidence or changes in law, potentially limiting opportunities for some prisoners to contest their convictions. The bill effectively narrows the circumstances under which previously convicted individuals can challenge their sentences or seek appeals based on ineffective legal representation, which could lead to a higher rate of upheld convictions despite possible injustices.

Summary

Senate Bill 2346 aims to amend the Uniform Post-Conviction Collateral Relief Act in Mississippi by implementing a one-year time limitation on the exceptions for intervening decisions and newly discovered evidence. The bill specifies that the ineffectiveness or incompetence of counsel during state collateral post-conviction proceedings cannot be considered a ground for relief under this act. The amendments pertain specifically to Section 99-39-5 of the Mississippi Code, affecting how post-conviction motions are filed and assessed by the courts.

Contention

The notable points of contention around SB2346 arise from its implications for fairness in the judicial process. Critics may argue that by imposing a one-year limit on claims related to newly discovered evidence, the bill could undermine the ability of wrongfully convicted individuals to obtain exoneration or relieve themselves of sentences based on inadequate representation. Supporters might contend that the bill is a necessary step towards maintaining a more efficient legal process by reducing frivolous or delayed appeals that exploit existing loopholes.

Companion Bills

No companion bills found.

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