Access to Documents Related to Conviction Denied in Mississippi
Access to Documents Related to Conviction Denied in Mississippi
In a 6-3 ruling, the Mississippi Supreme Court has upheld the denial of a public records request of a man who was attempting to show his conviction was unlawful.
Timothy Pryer repeatedly requested documents from the Itawamba County Circuit Clerk that he said would prove his contention that the judge who arraigned him and assigned indigent counsel for him was illegally appointed because she was not licensed to practice law.
Although Pryer made his request under the Mississippi Public Records Act, the circuit court treated it as a petition for post-conviction relief and denied it. Pryer appealed, the court of appeals affirmed, after which the state supreme court granted certiorari.
Calling Pryer's request "unfounded and slanderous" and a "fishing expedition," the Mississippi Supreme Court affirmed the records denial. The high court agreed with the lower court's conclusion that the requested documents "are not contained with the Circuit Clerk's file."
Pryer alleged that Carol Bates was a court clerk who was allowed to preside over arraignments and appoint counsel, and that "the practice is unlawful and [he] needs the public records to prove it." Pryer was attempting to use the documents to attack his felony conviction. The dissent in the case argued that the court was treating Pryer differently because he was an inmate.
"If a news organization filed a public records request exactly like the one Timothy Pryer filed, I firmly believe the majority would be taking a different view," wrote the dissent. See: Pryer v. State, 139 So. 3d 713 (Miss. 2014).
Related legal case
Pryer v. State
| Year | 2014 |
|---|---|
| Cite | 139 So. 3d 713 (Miss. 2014) |
| Level | State Supreme Court |