Hammett v. State

Summary

The Mississippi Supreme Court reversed the dismissal of Larry Hammett’s claim for statutory compensation for wrongful conviction and imprisonment. The court held that the record was inconclusive as to whether Hammett timely submitted his petition and in forma pauperis application to prison officials for mailing, and remanded for determination under the prison mailbox rule.

Holdings

1. A pro se prisoner's pleading may be considered filed when delivered to prison officials for mailing rather than when received by the circuit clerk, and the circuit court was required to determine whether that rule applied to Hammett's petition under the circumstances.

Questions Presented

1. Whether Hammett's wrongful-conviction compensation petition could be considered filed under Mississippi's prison mailbox rule when delivered to prison officials for mailing.
2. Whether the record established that Hammett submitted his petition and in forma pauperis application for mailing before the June 30, 2012 statutory deadline.

Disposition

reversed_and_remanded