Omar Khayyam Humphrey a/k/a Omar Humphrey a/k/a Omar K. Humphrey v. State of Mississippi

Summary

The Mississippi Court of Appeals held that Humphrey’s motion under Mississippi Rule of Civil Procedure 60(b)(6) was effectively a motion for post-conviction relief. Because Humphrey had not obtained permission from the Mississippi Supreme Court before filing the motion in the trial court, the circuit court lacked jurisdiction to consider it. The appellate court vacated the circuit court’s judgment and rendered judgment dismissing the motion for lack of jurisdiction.

Holdings

1. A motion labeled as a Mississippi Rule of Civil Procedure 60(b)(6) motion must be treated as a PCR motion when it simply reargues the merits of a prior PCR motion.
2. When a prisoner's conviction and sentence have been affirmed on direct appeal, the prisoner must obtain permission from the Mississippi Supreme Court before filing a PCR motion in the trial court; that requirement is jurisdictional.

Questions Presented

1. Whether Humphrey's Rule 60(b)(6) motion was substantively a post-conviction-relief motion subject to the Uniform Post-Conviction Collateral Relief Act.
2. Whether the Tate County Circuit Court had jurisdiction to consider the motion when Humphrey had not obtained permission from the Mississippi Supreme Court to file a PCR motion after his conviction and sentence had been affirmed on direct appeal.

Disposition

vacated