No. 20-5372

Melvin Gamage v. Mississippi

Lower Court: Mississippi
Docketed: 2020-08-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-instructions mississippi-supreme-court post-conviction-relief
Latest Conference: 2020-09-29
Question Presented (from Petition)

Whether circumstances that constitute exceptions to rule precluding successive postconviction filing include: 1) cases in which the prisoner can show that there has been an intervening decision of the Mississippi or United States Supreme Court which would adversely affect the outcome of his conviction; 2) cases in which the prisoner has new evidence, not discoverable at trial that would have caused a different result in sentence; or 3) cases in which the prisoner claims his sentence has expired had he been sentenced pursuant to Miss.Code Ann.99-39-81;99-39-23(6).

Question Presented (AI Summary)

Whether the Mississippi Supreme Court erred in denying post-conviction relief despite the prisoner's claims that his trial counsel was ineffective, that the trial court failed to properly instruct the jury, and that the prisoner was deprived of certain constitutional rights

Docket Entries

2020-10-05
Petition DENIED.
2020-09-03
DISTRIBUTED for Conference of 9/29/2020.
2020-08-27
Waiver of right of respondent Office of the Mississippi Attorney General to respond filed.
2020-04-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2020)

Attorneys

Melvin Gamage
Melvin Gamage — Petitioner
Office of the Mississippi Attorney General
Ashley Lauren SulserMississippi Supreme Court, Respondent