No. 25-6561

Joshua Demien Magee v. Mississippi

Lower Court: Mississippi
Docketed: 2026-01-13
Status: Pending
Type: IFP
Response WaivedIFP
Tags: collateral-relief criminal-sentencing due-process ex-post-facto mississippi-supreme-court procedural-standards
Latest Conference: 2026-02-27
Question Presented (from Petition)

1) Whether the Mississippi Supreme Court may ignore the ex post facto clause by applying new decision rendered in Howell v. State, 358 So. 3d 613, 615-16 (Miss. 2023) to change the procedural standards in effect at the time MaGee was convicted of such crime, was sentenced for crime, and when his direct appeal was affirmed by Mississippi Supreme Court, where new decision circumvents MaGee's ability to seek collateral relief from a sentence in which MaGee has no hope of ever fully completing under Mississippi law.

2) Whether Joshua MaGee 's claims that the indictment was defective for failing to inform him that § 97-3-2 classifies his offenses as violent crimes and also whether claims that § 97-3-2 's omission from the indictment affected his sentences, resulted in equal-protection and due process violations. Miss. Code Ann. Sec. 97-3-2 (2014).

Question Presented (AI Summary)

Whether the Mississippi Supreme Court may ignore the ex post facto clause by applying new decision rendered in Howell v. State to change procedural standards retroactively and circumvent collateral relief

Docket Entries

2026-02-12
DISTRIBUTED for Conference of 2/27/2026.
2026-02-09
Waiver of right of respondent Mississippi to respond filed.
2025-11-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2026)

Attorneys

Joshua Demien Magee
Joshua Demien Magee — Petitioner
Mississippi
Ashley Lauren SulserOffice of the Mississippi Attorney General, Respondent