Marshall Brian Chandler v. State of Mississippi

WILSON, J.,

for the Court:

¶ 1.-Marshall Chandler appeals from the -judgment of the Madison County Circuit Court summarily dismissing his motion for post-conviction relief (PCR) on the merits. Because Chandler’s direct appeal from his conviction was dismissed as untimely, he was required, by law to request and obtain leave from the Mississippi Supreme Court before filing a PCR motion in the circuit court. Because , he failed to, do so, the circuit court was correct to dismiss his PCR motion but should have dismissed for lack of jurisdiction rather than on the merits. Accordingly, we vacate the…