Johnnie Wheeler v. State of Mississippi

¶ 22. The majority affirms the trial court’s summary dismissal. I would dismiss for lack of jurisdiction.

¶ 23. It is fundamental and essential to first determine exactly what conviction and/or sentence a PCR movant is collaterally attacking when he flies his PCR motion. Our PCR chapter sets out a uniform and exclusive procedure for the “collateral review of convictions and sentences.” Miss.Code Ann. § 99-39-3(1) (Rev.2007). When a movant attacks his conviction or sentence, the act supersedes and replaces post-conviction habeas corpus. 1 Id. The relevant statutory ground for Wheeler’s…